Walker Residential Ltd. v Davis & Anor [2005] EWHC 3483 (Ch) (09 December 2005)

Walker Residential Ltd. v Davis & Anor [2005] EWHC 3483 (Ch) (09 December 2005)

The claimant, having accepted the Part 36 payment without needing the court's permission, was entitled as of right to its costs up to the date of acceptance under CPR 36.13(1), and the Deputy Master had no jurisdiction to retrospectively deprive the claimant of that entitlement by extending the time for the Part 36 payment after acceptance had occurred.

Citation
[2005] EWHC 3483 (Ch)
Parties
Claimant: Walker Residential Limited; Defendants: Davis & Anr
Jurisdiction
England and Wales
Judgment Date
09 December 2005
Procedural Posture
Appeal / Judgment on Appeal From Deputy Master’s Costs Order
Outcome
Appeal allowed
Legal Topics
Costs, Part 36 Offers, Payments Into Court, Time Limits, Court's Discretion
Civil Procedure Costs Part 36 Offers Payments Into Court Time Limits Court's Discretion

Case Brief

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Parties

Walker Residential Limited

Claimant

Davis & Anr

Defendants

Procedural Posture

Appeal / Judgment on Appeal From Deputy Master’s Costs Order

Legal Issues

  1. 1 Whether the claimant was entitled as of right to its costs under CPR 36.13(1) after accepting a Part 36 payment made outside the time limit in CPR 36.10(3)(a)
  2. 2 Whether the court could retrospectively deprive the claimant of its costs by extending the time for the Part 36 payment and applying CPR 36.10(4)

Ratio Decidendi

The claimant, having accepted the Part 36 payment without needing the court's permission, was entitled as of right to its costs up to the date of acceptance under CPR 36.13(1), and the Deputy Master had no jurisdiction to retrospectively deprive the claimant of that entitlement by extending the time for the Part 36 payment after acceptance had occurred.

Court Disposition

Appeal allowed

Orders

  • Claimant entitled to its costs of the claim up to 31 March 2005 (date of acceptance of payment into court)