AF v BG [2009] EWCA Civ 757 (21 July 2009)

AF v BG [2009] EWCA Civ 757 (21 July 2009)

The offer letter was a valid Part 36 offer relating to the entire proceedings, including both the original claim and the proposed counterclaim, and upon acceptance would have the effect that the entire proceedings would be stayed and the Applicant would be liable for the Respondent's costs of both the counterclaim...

Source-derived case information.

Citation
[2009] EWCA Civ 757
Parties
Applicant: AF; Respondent: BG
Jurisdiction
England and Wales
Judgment Date
21 July 2009
Procedural Posture
Civil Appeal / Interlocutory Application Regarding Settlement Under CPR Part 36
Outcome
Application dismissed; proceedings to continue.
Legal Topics
Part 36 Offers, Settlement, Costs Consequences, Counterclaims, Interpretation of CPR
Civil Procedure Part 36 Offers Settlement Costs Consequences Counterclaims Interpretation of CPR

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

AF

Applicant

BG

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application Regarding Settlement Under CPR Part 36

Legal Issues

  1. 1 Whether the offer letter constituted a valid Part 36 offer under the Civil Procedure Rules
  2. 2 Whether the offer related to the whole proceedings, including both claim and proposed counterclaim
  3. 3 Whether the costs consequences of acceptance under Part 36 applied to both claim and counterclaim

Ratio Decidendi

The offer letter was a valid Part 36 offer relating to the entire proceedings, including both the original claim and the proposed counterclaim, and upon acceptance would have the effect that the entire proceedings would be stayed and the Applicant would be liable for the Respondent's costs of both the counterclaim and defending the original claim.

Court Disposition

Application dismissed; proceedings to continue.

Orders

  • No binding compromise found; stay of proceedings not continued; oral hearing to be relisted.