AB v CD & Ors

AB v CD & Ors

The claimant's offer was not a valid Part 36 offer as it did not contain a genuine concession of value and amounted to a demand for total capitulation. The defendants' offer was a valid Part 36 offer; lack of disclosure did not invalidate it. All costs, both before and after the expiry of the defendants' offer, must be reserved until the conclusion of the quantum trial.

Parties
Claimant: AB; Defendants: CD and others
Jurisdiction
England and Wales
Judgment Date
07 March 2011
Procedural Posture
Civil (intellectual Property) / Post Liability Judgment; Costs Ruling After Split Trial on Liability, Quantum Pending
Outcome
Costs reserved; no immediate order for costs; validity of Part 36 offers determined
Legal Topics
Costs, Part 36 Offers, Split Trials, Trade Mark Infringement
Civil Procedure Intellectual Property Costs Part 36 Offers Split Trials Trade Mark Infringement

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Parties

AB

Claimant

CD and others

Defendants

Procedural Posture

Civil (intellectual Property) / Post Liability Judgment; Costs Ruling After Split Trial on Liability, Quantum Pending

Legal Issues

  1. 1 Whether the claimant's and defendants' offers constituted valid Part 36 offers under the Civil Procedure Rules
  2. 2 Whether the costs consequences under CPR 36.14 should apply to either party's offer
  3. 3 Whether costs should be awarded or reserved at the liability stage of a split trial

Ratio Decidendi

The claimant's offer was not a valid Part 36 offer as it did not contain a genuine concession of value and amounted to a demand for total capitulation. The defendants' offer was a valid Part 36 offer; lack of disclosure did not invalidate it. All costs, both before and after the expiry of the defendants' offer, must be reserved until the conclusion of the quantum trial.

Court Disposition

Costs reserved; no immediate order for costs; validity of Part 36 offers determined

Orders

  • All costs, including those of the counterclaim and up to and after 19 August 2010, are reserved to be determined after the quantum trial.
  • The claimant's Part 36 offer is not a valid offer under CPR Part 36.