Whitecap Leisure Ltd v John H Rundle Ltd

Whitecap Leisure Ltd v John H Rundle Ltd

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 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. The counterclaim and invoice are remitted for assessment. Payments into court and sums held by solicitors are to abide the outcome of set off and further determinations.

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 below set aside; substituted judgment for respondent on claim; counterclaim and invoice remitted for assessment; costs apportioned and set off; permission to appeal refused.
Legal Topics
Costs, Damages, Counterclaim, Part 36 Offers, Appeal Procedure
Civil Procedure Commercial Law Costs Damages Counterclaim Part 36 Offers Appeal Procedure

Case Brief

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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 Who is the successful party for the purpose of costs?
  2. 2 Should costs follow the event or be apportioned?
  3. 3 Effect of Part 36 offers on costs

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 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. The counterclaim and invoice are remitted for assessment. Payments into court and sums held by solicitors are to abide the outcome of set off and further determinations.

Court Disposition

Appeal allowed in part; judgment below set aside; substituted judgment for respondent on claim; counterclaim and invoice remitted for assessment; costs apportioned and set off; permission to appeal refused.

Orders

  • Appellant’s appeal allowed
  • Judgment of High Court set aside