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)

In detailed assessment proceedings, a Part 36 offer that is exclusive of interest is valid because interest on costs is not part of the claim to be assessed but follows automatically under the Judgments Act. The exclusion of interest in the offer does not conflict with the mandatory requirements of Part 36 or its operation. The Practice Direction to Part 47 supports the validity of such offers. Therefore, the Master's decision to treat the Claimant's offer as a valid Part 36 offer was correct.

Citation
[2019] EWHC 1322 (QB)
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, Queen's Bench Division, Post Detailed Assessment
Outcome
Appeal dismissed
Legal Topics
Part 36 Offers, Detailed Assessment of Costs, Interest on Costs, Interpretation of CPR, Practice Directions
Civil Procedure Costs Part 36 Offers Detailed Assessment of Costs Interest on Costs Interpretation of CPR Practice Directions

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, Queen's Bench Division, Post Detailed Assessment

Legal Issues

  1. 1 Whether a Part 36 offer in detailed assessment proceedings can validly exclude interest and still attract Part 36 consequences
  2. 2 Whether the offer made by the Claimant was a valid Part 36 offer
  3. 3 Whether the exclusion of interest invalidates the offer under Part 36

Ratio Decidendi

In detailed assessment proceedings, a Part 36 offer that is exclusive of interest is valid because interest on costs is not part of the claim to be assessed but follows automatically under the Judgments Act. The exclusion of interest in the offer does not conflict with the mandatory requirements of Part 36 or its operation. The Practice Direction to Part 47 supports the validity of such offers. Therefore, the Master's decision to treat the Claimant's offer as a valid Part 36 offer was correct.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The Master's decision that the Claimant's offer was a valid Part 36 offer is upheld.