Matiere SAS v ABM Precast Solutions Ltd

Matiere SAS v ABM Precast Solutions Ltd

The Part 36 offer was a genuine attempt to settle the claim but not the counterclaim, as it made no allowance for the counterclaim and required ABM's total capitulation on that aspect. Therefore, Matière is entitled to indemnity costs and enhanced interest only on the claim from the expiry of the relevant period, but only standard costs and interest on the counterclaim. The offer's lack of genuine concession on the counterclaim made it unjust to apply the full Part 36 consequences to the counterclaim. The claimant's conduct, while dishonest, did not materially increase costs or warrant further reduction.

Parties
Claimant: Matière SAS; Defendant: ABM Precast Solutions Ltd
Jurisdiction
England and Wales
Judgment Date
31 July 2025
Procedural Posture
Civil (commercial/contract) / Post Trial (consequential Matters and Costs)
Outcome
Claimant awarded costs and interest as specified; counterclaim dismissed; payment on account ordered.
Legal Topics
Costs, Part 36 Offers, Interest, Good Faith in Contracts, Counterclaims
Civil Procedure Contract Law Costs Part 36 Offers Interest Good Faith in Contracts Counterclaims

Case Brief

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Parties

Matière SAS

Claimant

ABM Precast Solutions Ltd

Defendant

Procedural Posture

Civil (commercial/contract) / Post Trial (consequential Matters and Costs)

Legal Issues

  1. 1 Whether the claimant is entitled to the full beneficial consequences under CPR 36.17(4) following a successful Part 36 offer
  2. 2 Whether the Part 36 offer was a genuine attempt to settle the proceedings, including the counterclaim
  3. 3 Appropriate basis and rate for costs and interest

Ratio Decidendi

The Part 36 offer was a genuine attempt to settle the claim but not the counterclaim, as it made no allowance for the counterclaim and required ABM's total capitulation on that aspect. Therefore, Matière is entitled to indemnity costs and enhanced interest only on the claim from the expiry of the relevant period, but only standard costs and interest on the counterclaim. The offer's lack of genuine concession on the counterclaim made it unjust to apply the full Part 36 consequences to the counterclaim. The claimant's conduct, while dishonest, did not materially increase costs or warrant further reduction.

Court Disposition

Claimant awarded costs and interest as specified; counterclaim dismissed; payment on account ordered.

Orders

  • Matière awarded costs of the claim on standard basis up to expiry of relevant period and indemnity basis thereafter.
  • Matière awarded costs of the counterclaim on standard basis throughout.