Shaw v Merthyr Tydfil County Borough

Shaw v Merthyr Tydfil County Borough

The claimant's letter of 16 October 2009 did not comply with the mandatory requirements of Part 36, specifically failing to state it was intended to have the consequences of Section I of Part 36 and imposing time limits inconsistent with the rule. Therefore, it was not a valid Part 36 offer and the costs consequences of Part 36 do not apply.

Parties
Claimant/applicant: Shaw; Defendant/respondent: Merthyr Tydfil County Borough
Jurisdiction
England and Wales
Judgment Date
24 June 2014
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Costs
Outcome
Appeal dismissed
Legal Topics
Part 36 Offers, Costs Consequences, Settlement Procedure, Mandatory Requirements of CPR
Civil Procedure Part 36 Offers Costs Consequences Settlement Procedure Mandatory Requirements of CPR

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Parties

Shaw

Claimant/applicant

Merthyr Tydfil County Borough

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Costs

Legal Issues

  1. 1 Whether the claimant's letter of 16 October 2009 constituted a valid Part 36 offer under the Civil Procedure Rules
  2. 2 Whether non-compliance with mandatory requirements of Part 36 precludes the costs consequences prescribed by Part 36

Ratio Decidendi

The claimant's letter of 16 October 2009 did not comply with the mandatory requirements of Part 36, specifically failing to state it was intended to have the consequences of Section I of Part 36 and imposing time limits inconsistent with the rule. Therefore, it was not a valid Part 36 offer and the costs consequences of Part 36 do not apply.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.