London Trocadero (2015) LLP v Picturehouse Cinemas Ltd & Ors [2021] EWHC 3103 (Ch) (19 November 2021)

London Trocadero (2015) LLP v Picturehouse Cinemas Ltd & Ors [2021] EWHC 3103 (Ch) (19 November 2021)

The Part 36 offer, though defectively served, was valid under CPR 3.10. The claimant is entitled to costs and interest consequences under CPR 36.17, but full rigour is mitigated due to Covid-19 circumstances and defective service. Awards are limited to the part of the claim covered by the Part 36 offer, with no additional amount or enhanced interest, and costs are awarded on an indemnity basis with a proportionate reduction for limited success by the third defendant.

Citation
[2021] EWHC 3103 (Ch)
Parties
Claimant: London Trocadero (2015) LLP; First Defendant: Picturehouse Cinemas Limited; Second Defendant: Gallery Cinemas Limited; Third Defendant: Cineworld Cinemas Limited
Jurisdiction
England and Wales
Judgment Date
19 November 2021
Procedural Posture
Commercial Property Dispute / Post Summary Judgment, Costs Determination
Outcome
Costs awarded in favour of claimant, with modifications to standard Part 36 consequences.
Legal Topics
Lease Enforcement, Rent Arrears, Service Charges, Summary Judgment, Costs, Part 36 Offers, Covid 19 Impact on Contracts
Property Law Contract Law Civil Procedure Lease Enforcement Rent Arrears Service Charges Summary Judgment Costs +2 more

Case Brief

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Parties

London Trocadero (2015) LLP

Claimant

Picturehouse Cinemas Limited

First Defendant

Gallery Cinemas Limited

Second Defendant

Cineworld Cinemas Limited

Third Defendant

Procedural Posture

Commercial Property Dispute / Post Summary Judgment, Costs Determination

Legal Issues

  1. 1 Validity of Part 36 offer
  2. 2 Consequences of beating Part 36 offer
  3. 3 Appropriate costs order

Ratio Decidendi

The Part 36 offer, though defectively served, was valid under CPR 3.10. The claimant is entitled to costs and interest consequences under CPR 36.17, but full rigour is mitigated due to Covid-19 circumstances and defective service. Awards are limited to the part of the claim covered by the Part 36 offer, with no additional amount or enhanced interest, and costs are awarded on an indemnity basis with a proportionate reduction for limited success by the third defendant.

Court Disposition

Costs awarded in favour of claimant, with modifications to standard Part 36 consequences.

Orders

  • Part 36 offer deemed validly made on 15 December 2020.
  • No additional amount under CPR 36.17(4)(d) awarded.