White & Anor v Wincott Galliford Ltd [2019] EWHC B6 (Costs) (28 May 2019)

White & Anor v Wincott Galliford Ltd [2019] EWHC B6 (Costs) (28 May 2019)

A Part 36 offer limited to hourly rates, even if 'beaten', does not entitle the receiving party to an 'additional amount' under CPR 36.17(4)(d) on the whole of profit costs, as this would be unjust and contrary to the purpose of Part 36. The court must guard against gamesmanship and disproportionate consequences when offers are made on isolated issues rather than the whole bill. The capped costs regime for provisional assessments further limits recoverability.

Citation
[2019] EWHC B6 (Costs)
Parties
Receiving Party: Claimants (Deceased's family); Paying Party: Defendant
Jurisdiction
England and Wales
Judgment Date
28 May 2019
Procedural Posture
Costs Assessment (provisional) / Post Provisional Assessment, Costs Consequences of Part 36 Offer
Outcome
Claimants' application for an 'additional amount' under CPR 36.17(4)(d) refused; costs of provisional assessment awarded subject to cap.
Legal Topics
Part 36 Offers, Provisional Assessment, Detailed Assessment, Additional Amount Under CPR 36.17(4)(d), Hourly Rates, Costs Sanctions
Civil Procedure Costs Part 36 Offers Provisional Assessment Detailed Assessment Additional Amount Under CPR 36.17(4)(d) Hourly Rates Costs Sanctions

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Parties

Claimants (Deceased's family)

Receiving Party

Defendant

Paying Party

Procedural Posture

Costs Assessment (provisional) / Post Provisional Assessment, Costs Consequences of Part 36 Offer

Legal Issues

  1. 1 Whether a Part 36 offer limited to hourly rates entitles the receiving party to an 'additional amount' under CPR 36.17(4)(d) if 'beaten' on assessment
  2. 2 Whether the Claimants should be penalised in costs for not voluntarily disclosing the conditional fee agreement

Ratio Decidendi

A Part 36 offer limited to hourly rates, even if 'beaten', does not entitle the receiving party to an 'additional amount' under CPR 36.17(4)(d) on the whole of profit costs, as this would be unjust and contrary to the purpose of Part 36. The court must guard against gamesmanship and disproportionate consequences when offers are made on isolated issues rather than the whole bill. The capped costs regime for provisional assessments further limits recoverability.

Court Disposition

Claimants' application for an 'additional amount' under CPR 36.17(4)(d) refused; costs of provisional assessment awarded subject to cap.

Orders

  • Claimants awarded £1,500 plus VAT and court fee of £743 for costs of provisional assessment.
  • No additional amount awarded under CPR 36.17(4)(d).