Sternberg Reed Solicitors v Andrew Paul Harrison

Sternberg Reed Solicitors v Andrew Paul Harrison

The arbitrator was entitled to consider the 12 November 2015 offer, as it was not expressly marked 'without prejudice', when determining costs. The arbitrator did not err in law or fail to exercise his discretion in concluding that neither party was an outright winner and ordering each to bear their own costs. The appeal is dismissed.

Parties
Claimant/appellant: Sternberg Reed Solicitors; Defendant/respondent: Andrew Paul Harrison
Jurisdiction
England and Wales
Judgment Date
02 July 2019
Procedural Posture
Arbitration Appeal (costs) / Judgment on Appeal From Arbitral Costs Award
Outcome
Appeal dismissed
Legal Topics
Without Prejudice Rule, Costs in Arbitration, Admissibility of Settlement Offers, Appeal on Point of Law
Arbitration Civil Procedure Without Prejudice Rule Costs in Arbitration Admissibility of Settlement Offers Appeal on Point of Law

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Parties

Sternberg Reed Solicitors

Claimant/appellant

Andrew Paul Harrison

Defendant/respondent

Procedural Posture

Arbitration Appeal (costs) / Judgment on Appeal From Arbitral Costs Award

Legal Issues

  1. 1 Whether the arbitrator erred in law by admitting 'without prejudice' correspondence as evidence on costs
  2. 2 Whether the arbitrator correctly construed the status of the settlement offers
  3. 3 Whether the arbitrator misdirected himself in holding that there was no outright winner

Ratio Decidendi

The arbitrator was entitled to consider the 12 November 2015 offer, as it was not expressly marked 'without prejudice', when determining costs. The arbitrator did not err in law or fail to exercise his discretion in concluding that neither party was an outright winner and ordering each to bear their own costs. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Defendant awarded costs of the appeal, summarily assessed at £9,417.40, payable within 14 days
  • Permission to appeal refused