Daniels v The Commissioner of Police for the Metropolis
A successful defendant's refusal to negotiate or accept Part 36 offers does not, without more, amount to unreasonable conduct justifying a departure from the general rule on costs. Only unreasonable conduct may justify depriving a successful party of costs, and in this case, the defendant's conduct was not unreasonable.
- Parties
- Claimant/appellant: Fiona Jane Daniels; Defendant/respondent: The Commissioner of Police for the Metropolis
- Jurisdiction
- England and Wales
- Judgment Date
- 20 October 2005
- Procedural Posture
- Civil Appeal / Appeal From Central London County Court Decision on Costs
- Outcome
- Appeal dismissed
- Legal Topics
- Costs Orders, Unreasonable Conduct, Part 36 Offers, Litigation Conduct
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fiona Jane Daniels
Claimant/appellant
The Commissioner of Police for the Metropolis
Defendant/respondent
Procedural Posture
Civil Appeal / Appeal From Central London County Court Decision on Costs
Legal Issues
- 1 When is it proper for a court to deprive a successful defendant of some or all of his costs?
- 2 Does refusal to negotiate or accept Part 36 offers justify a departure from the general rule on costs?
Ratio Decidendi
A successful defendant's refusal to negotiate or accept Part 36 offers does not, without more, amount to unreasonable conduct justifying a departure from the general rule on costs. Only unreasonable conduct may justify depriving a successful party of costs, and in this case, the defendant's conduct was not unreasonable.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to respondent of £4,500
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment