Martin v Randall

Martin v Randall

The trial judge's allocation of costs, awarding Martin costs from the date of the Part 36 offer until the day before trial and Randall costs of the trial itself, was within the permissible ambit of judicial discretion. The only error was in the computation of the period for which Randall was liable for costs, which should have commenced 21 days after receipt of the Part 36 offer, not from the date of the offer.

Parties
Claimant/respondent: Martin; Defendant/appellant: Randall
Jurisdiction
England and Wales
Judgment Date
22 October 2007
Procedural Posture
Civil Appeal / Appeal From Southampton County Court Judgment on Costs
Outcome
Appeal allowed in part; costs order amended to correct the period for which Randall is liable for costs. Otherwise, appeal dismissed.
Legal Topics
Costs, Part 36 Offers, Exercise of Judicial Discretion, Partnership Dissolution
Civil Procedure Partnership Law Costs Part 36 Offers Exercise of Judicial Discretion Partnership Dissolution

Case Brief

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Parties

Martin

Claimant/respondent

Randall

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Southampton County Court Judgment on Costs

Legal Issues

  1. 1 Whether the trial judge erred in the allocation of costs between the parties, particularly in relation to the effect of a Part 36 offer and allegations of fraud.
  2. 2 Whether the judge's exercise of discretion on costs was outside the permissible ambit for appellate interference.

Ratio Decidendi

The trial judge's allocation of costs, awarding Martin costs from the date of the Part 36 offer until the day before trial and Randall costs of the trial itself, was within the permissible ambit of judicial discretion. The only error was in the computation of the period for which Randall was liable for costs, which should have commenced 21 days after receipt of the Part 36 offer, not from the date of the offer.

Court Disposition

Appeal allowed in part; costs order amended to correct the period for which Randall is liable for costs. Otherwise, appeal dismissed.

Orders

  • Paragraph three of the costs order amended so that Randall's liability for costs runs from 21 days after receipt of the Part 36 offer, not from the date of the offer.
  • All other aspects of the trial judge's order upheld.