Crosbie v Munroe & Anor [2003] EWCA Civ 350 (14 March 2003)

Crosbie v Munroe & Anor [2003] EWCA Civ 350 (14 March 2003)

In costs-only proceedings, a CPR 47.19 offer to settle 'the costs of the proceedings which gave rise to the assessment proceedings' does not include the costs of the Part 8 proceedings; those costs are distinct and must be separately addressed. The lower courts erred in treating the offer as all-inclusive of Part 8 costs.

Citation
[2003] EWCA Civ 350
Parties
Claimant/appellant: Robert Crosbie; First Defendant/respondent: Stephen Munroe; Second Defendant/respondent: Motor Insurers' Bureau
Jurisdiction
England and Wales
Judgment Date
14 March 2003
Procedural Posture
Civil Appeal / Appeal From Liverpool County Court Decision on Costs Only Proceedings
Outcome
Appeal allowed
Legal Topics
Costs Only Proceedings, Interpretation of CPR 47.19, Detailed Assessment of Costs, Settlement Offers and Costs Consequences
Civil Procedure Costs Costs Only Proceedings Interpretation of CPR 47.19 Detailed Assessment of Costs Settlement Offers and Costs Consequences

Case Brief

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Parties

Robert Crosbie

Claimant/appellant

Stephen Munroe

First Defendant/respondent

Motor Insurers' Bureau

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Liverpool County Court Decision on Costs Only Proceedings

Legal Issues

  1. 1 Whether a CPR 47.19 offer in costs-only proceedings includes the costs of the Part 8 proceedings
  2. 2 Proper interpretation of 'the costs of the proceedings which gave rise to the assessment proceedings' under CPR 47.19

Ratio Decidendi

In costs-only proceedings, a CPR 47.19 offer to settle 'the costs of the proceedings which gave rise to the assessment proceedings' does not include the costs of the Part 8 proceedings; those costs are distinct and must be separately addressed. The lower courts erred in treating the offer as all-inclusive of Part 8 costs.

Court Disposition

Appeal allowed

Orders

  • Order of Judge Mackay (28 June 2002) and Deputy District Judge McNamara (8 March 2002) set aside
  • Second Defendant to pay Claimant's costs of the assessment proceedings and of the appeals, subject to detailed assessment if not agreed