McKeown v Langer [2021] EWCA Civ 1792 (26 November 2021)

McKeown v Langer [2021] EWCA Civ 1792 (26 November 2021)

A Calderbank offer that is not disclosed or admissible at the relevant stage does not require the court to defer a costs order; CPR 44.2 gives the judge discretion to make an immediate costs order based on all the circumstances, and there is no requirement to treat Calderbank offers as equivalent to CPR Part 36 offers.

Citation
[2021] EWCA Civ 1792
Parties
Appellant/respondent: John McKeown; Respondent/petitioner: Diana Langer
Jurisdiction
England and Wales
Judgment Date
26 November 2021
Procedural Posture
Appeal (civil) / Appeal From High Court Costs Order Following Split Trial in Unfair Prejudice Petition
Outcome
Appeal dismissed
Legal Topics
Costs Orders, Unfair Prejudice Petitions, CPR 44.2 Discretion, Calderbank Offers, CPR Part 36 Offers
Civil Procedure Company Law Costs Orders Unfair Prejudice Petitions CPR 44.2 Discretion Calderbank Offers CPR Part 36 Offers

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Parties

John McKeown

Appellant/respondent

Diana Langer

Respondent/petitioner

Procedural Posture

Appeal (civil) / Appeal From High Court Costs Order Following Split Trial in Unfair Prejudice Petition

Legal Issues

  1. 1 Whether a Calderbank offer (without prejudice save as to costs) must be treated as equivalent to a CPR Part 36 offer for the purposes of costs discretion under CPR 44.2 in split trial litigation where the offer's terms are not disclosed to the court.

Ratio Decidendi

A Calderbank offer that is not disclosed or admissible at the relevant stage does not require the court to defer a costs order; CPR 44.2 gives the judge discretion to make an immediate costs order based on all the circumstances, and there is no requirement to treat Calderbank offers as equivalent to CPR Part 36 offers.

Court Disposition

Appeal dismissed

Orders

  • Immediate costs order in favour of respondent upheld
  • No requirement to defer costs decision due to undisclosed Calderbank offer