Horne v Prescot (No.1) Ltd (Rev 1)

Horne v Prescot (No.1) Ltd (Rev 1)

In the context of detailed assessment proceedings, a Part 36 offer that is exclusive of interest is valid because interest on costs is not part of the claim but follows automatically by operation of the Judgments Act. The exclusion of interest in the offer does not conflict with the requirements of Part 36 or its scheme, and the offer is therefore a valid Part 36 offer attracting the specified consequences.

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
Civil Appeal (costs Assessment) / Appeal From Detailed Assessment Decision
Outcome
Appeal dismissed
Legal Topics
Part 36 Offers, Interest on Costs, Detailed Assessment Proceedings, Judgments Act Interest
Civil Procedure Costs Part 36 Offers Interest on Costs Detailed Assessment Proceedings Judgments Act Interest

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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

Civil Appeal (costs Assessment) / Appeal From Detailed Assessment Decision

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 despite being exclusive of interest

Ratio Decidendi

In the context of detailed assessment proceedings, a Part 36 offer that is exclusive of interest is valid because interest on costs is not part of the claim but follows automatically by operation of the Judgments Act. The exclusion of interest in the offer does not conflict with the requirements of Part 36 or its scheme, and the offer is therefore a valid Part 36 offer attracting the specified consequences.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Master's decision is upheld.