Capital Bank Plc v Stickland

Capital Bank Plc v Stickland

The judge did not err in refusing permission for late acceptance of the Part 36 offer, as there was a material change of circumstance and other relevant factors such as lateness and the defendant’s conduct. The judge’s costs order was within his discretion, and there is no requirement for the claimant to withdraw the offer to oppose late acceptance.

Parties
Claimant/respondent: Capital Bank Plc; Defendant/appellant: Peter Stickland
Jurisdiction
England and Wales
Judgment Date
10 December 2004
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Part 36 Offers, Late Acceptance of Settlement Offers, Costs Orders, Indemnity Costs, Interest on Costs
Civil Procedure Part 36 Offers Late Acceptance of Settlement Offers Costs Orders Indemnity Costs Interest on Costs

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Parties

Capital Bank Plc

Claimant/respondent

Peter Stickland

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing the defendant permission to accept the claimant’s Part 36 offer after the 21-day period
  2. 2 Whether the judge was correct to award indemnity costs and interest on costs when late acceptance was refused

Ratio Decidendi

The judge did not err in refusing permission for late acceptance of the Part 36 offer, as there was a material change of circumstance and other relevant factors such as lateness and the defendant’s conduct. The judge’s costs order was within his discretion, and there is no requirement for the claimant to withdraw the offer to oppose late acceptance.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Respondent’s costs of the appeal, subject to detailed assessment on the standard basis up to and including 1 October 2004, and on an indemnity basis thereafter.