Walker Residential Ltd. v Davis & Anor

Walker Residential Ltd. v Davis & Anor

The claimant, having accepted the Part 36 payment without needing the court’s permission, was entitled as of right to its costs up to the date of acceptance under CPR 36.13(1), and a deemed costs order arose under CPR 44.12(1)(b). The Deputy Master’s subsequent extension of time for the Part 36 payment could not retrospectively deprive the claimant of this entitlement or set aside the deemed order. The court had no jurisdiction to vary or revoke the deemed costs order in these circumstances.

Parties
Claimant: Walker Residential Limited; Defendants: Davis & Anr
Jurisdiction
England and Wales
Judgment Date
09 December 2005
Procedural Posture
Civil Appeal (costs Order) / Appeal From Deputy Master’s Costs Order
Outcome
Appeal allowed. Deputy Master’s costs order set aside.
Legal Topics
Part 36 Offers and Payments, Costs Consequences of Settlement, Court’s Discretion to Extend Time, Deemed Costs Orders
Civil Procedure Costs Part 36 Offers and Payments Costs Consequences of Settlement Court’s Discretion to Extend Time Deemed Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Walker Residential Limited

Claimant

Davis & Anr

Defendants

Procedural Posture

Civil Appeal (costs Order) / Appeal From Deputy Master’s Costs Order

Legal Issues

  1. 1 Whether the claimant was entitled as of right to its costs under CPR 36.13(1) after accepting a Part 36 payment
  2. 2 Whether the court had jurisdiction to retrospectively deprive the claimant of the deemed costs order by extending time for a Part 36 payment under CPR 3.1(2)(a)
  3. 3 Whether the Deputy Master could set aside or vary the deemed costs order under CPR 3.1(7) or inherent jurisdiction

Ratio Decidendi

The claimant, having accepted the Part 36 payment without needing the court’s permission, was entitled as of right to its costs up to the date of acceptance under CPR 36.13(1), and a deemed costs order arose under CPR 44.12(1)(b). The Deputy Master’s subsequent extension of time for the Part 36 payment could not retrospectively deprive the claimant of this entitlement or set aside the deemed order. The court had no jurisdiction to vary or revoke the deemed costs order in these circumstances.

Court Disposition

Appeal allowed. Deputy Master’s costs order set aside.

Orders

  • Claimant entitled to its costs of the claim up to 31 March 2005 (date of acceptance of Part 36 payment)
  • Deemed costs order in claimant’s favour stands