Rolf v De Guerin [2011] EWCA Civ 78 (09 February 2011)

Rolf v De Guerin [2011] EWCA Civ 78 (09 February 2011)

The trial judge erred in penalising the claimant for making a Part 36 offer that exceeded the judgment sum; the claimant's willingness to settle and mediate, and the defendant's unreasonable refusal to engage in ADR, should have been considered; the proper order is no order as to costs.

Citation
[2011] EWCA Civ 78
Parties
Appellant/claimant: Jacqueline Rolf; Respondent/defendant: John De Guerin
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Appeal (costs) / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal allowed
Legal Topics
Costs, Alternative Dispute Resolution (adr), Part 36 Offers, Building Contracts, Repudiation of Contract
Civil Procedure Construction Law Costs Alternative Dispute Resolution (adr) Part 36 Offers Building Contracts Repudiation of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Jacqueline Rolf

Appellant/claimant

John De Guerin

Respondent/defendant

Procedural Posture

Appeal (costs) / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the trial judge erred in his approach to costs following a Part 36 offer by the claimant
  2. 2 Whether the claimant's willingness to mediate and settle should affect the costs order
  3. 3 Whether the defendant's refusal to mediate or negotiate was unreasonable

Ratio Decidendi

The trial judge erred in penalising the claimant for making a Part 36 offer that exceeded the judgment sum; the claimant's willingness to settle and mediate, and the defendant's unreasonable refusal to engage in ADR, should have been considered; the proper order is no order as to costs.

Court Disposition

Appeal allowed

Orders

  • No order as to costs between the parties