Horne v Prescot (No.1) Ltd (Rev 1) [2019] EWHC 1322 (QB) (24 May 2019)

Horne v Prescot (No.1) Ltd (Rev 1) [2019] EWHC 1322 (QB) (24 May 2019)

A Part 36 offer exclusive of interest is valid in detailed assessment proceedings because interest is not part of the claim but follows automatically from the judgment; the offer related to the whole claim, and the exclusion of interest did not invalidate it under Part 36.

Citation
[2019] EWHC 1322
Parties
Claimant/respondent: Evelyn Horne (as Executrix of the estate of Edward Horne, deceased); Defendant/appellant: Prescot (No.1) Ltd
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Appeal From Detailed Assessment of Costs / High Court, Post Detailed Assessment
Outcome
Appeal dismissed
Legal Topics
Part 36 Offers, Interest on Costs, Detailed Assessment Proceedings
Civil Procedure Costs Part 36 Offers Interest on Costs Detailed Assessment Proceedings

Case Brief

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Parties

Evelyn Horne (as Executrix of the estate of Edward Horne, deceased)

Claimant/respondent

Prescot (No.1) Ltd

Defendant/appellant

Procedural Posture

Appeal From Detailed Assessment of Costs / High Court, Post Detailed Assessment

Legal Issues

  1. 1 Whether a Part 36 offer exclusive of interest is valid in detailed assessment proceedings
  2. 2 Whether the offer relates to the whole claim or part of the claim
  3. 3 Whether the court can exercise discretion to award indemnity costs/enhanced interest if the offer is not valid

Ratio Decidendi

A Part 36 offer exclusive of interest is valid in detailed assessment proceedings because interest is not part of the claim but follows automatically from the judgment; the offer related to the whole claim, and the exclusion of interest did not invalidate it under Part 36.

Court Disposition

Appeal dismissed

Orders

  • Master's decision upheld
  • Claimant entitled to Part 36 benefits for beating her offer