Mitchell & Ors v James & Ors [2002] EWCA Civ 997 (12 July 2002)

Mitchell & Ors v James & Ors [2002] EWCA Civ 997 (12 July 2002)

A term as to costs is not within the scope of a Part 36 offer under the Civil Procedure Rules. The advantage of a judgment for the purposes of CPR 36.21 is to be assessed on the substantive relief, not by reference to costs. The claimants' offer was not a valid Part 36 offer, and the judge's decision to award costs on the standard basis was correct.

Citation
[2002] EWCA Civ 997
Parties
Appellants: Mitchell and Others; Respondents: James and Others
Jurisdiction
England and Wales
Judgment Date
12 July 2002
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Part 36 Offers, Costs Orders, Indemnity Costs, Settlement Offers
Civil Procedure Part 36 Offers Costs Orders Indemnity Costs Settlement Offers

Case Brief

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Parties

Mitchell and Others

Appellants

James and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the offer of 2 March 2000 was a valid Part 36 offer under the Civil Procedure Rules
  2. 2 Whether the judgment was more advantageous to the claimants than their Part 36 offer, particularly in light of costs
  3. 3 Whether the court should interfere with the judge's exercise of discretion regarding costs

Ratio Decidendi

A term as to costs is not within the scope of a Part 36 offer under the Civil Procedure Rules. The advantage of a judgment for the purposes of CPR 36.21 is to be assessed on the substantive relief, not by reference to costs. The claimants' offer was not a valid Part 36 offer, and the judge's decision to award costs on the standard basis was correct.

Court Disposition

Appeal dismissed

Orders

  • Appellants' appeal dismissed with costs summarily assessed in the sum of £9,277.98