Whitecap Leisure Ltd v John H Rundle Ltd [2008] EWCA Civ 1026 (16 July 2008)

Whitecap Leisure Ltd v John H Rundle Ltd [2008] EWCA Civ 1026 (16 July 2008)

The claimant is the successful party on the claim and entitled to costs below, including indemnity costs from the expiry of the Part 36 offer, as the judgment sum exceeded the offer. The appellant is the substantial victor on appeal and entitled to 80% of its appeal costs. Costs are to be set off. Counterclaim and disputed invoice are remitted for assessment.

Citation
[2008] EWCA Civ 1026
Parties
Claimant/respondent: Whitecap Leisure Ltd; Defendant/appellant: John H. Rundle Ltd
Jurisdiction
England and Wales
Judgment Date
16 July 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part; judgment for respondent on claim for £124,081; counterclaim and invoice remitted for assessment; costs orders made and set off; permission to appeal refused.
Legal Topics
Costs, Damages, Counterclaim, Part 36 Offers, Assessment of Damages
Civil Procedure Commercial Law Costs Damages Counterclaim Part 36 Offers Assessment of Damages

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Parties

Whitecap Leisure Ltd

Claimant/respondent

John H. Rundle Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Determination of the successful party for costs purposes
  2. 2 Application of CPR 44.3 and 36.14 regarding costs
  3. 3 Assessment and set-off of costs between parties

Ratio Decidendi

The claimant is the successful party on the claim and entitled to costs below, including indemnity costs from the expiry of the Part 36 offer, as the judgment sum exceeded the offer. The appellant is the substantial victor on appeal and entitled to 80% of its appeal costs. Costs are to be set off. Counterclaim and disputed invoice are remitted for assessment.

Court Disposition

Appeal allowed in part; judgment for respondent on claim for £124,081; counterclaim and invoice remitted for assessment; costs orders made and set off; permission to appeal refused.

Orders

  • Appellant's appeal allowed
  • High Court judgment set aside