Ali v Stagecoach [2011] EWCA Civ 1494 (28 October 2011)

Ali v Stagecoach [2011] EWCA Civ 1494 (28 October 2011)

The judge erred in treating the interim payment letter as equivalent to an offer; it was not capable of acceptance and did not achieve finality. The correct approach was to consider the letter but not give it the weight of an offer. Neither party should recover their costs.

Citation
[2011] EWCA Civ 1494
Parties
Appellant: Ali; Respondent: Stagecoach
Jurisdiction
England and Wales
Judgment Date
28 October 2011
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Costs
Outcome
Appeal allowed
Legal Topics
Costs, Interim Payments, Low Velocity Impact, Offers to Settle
Civil Procedure Personal Injury Costs Interim Payments Low Velocity Impact Offers to Settle

Case Brief

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Ali

Appellant

Stagecoach

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Costs

Legal Issues

  1. 1 Whether an interim payment letter can be treated as an offer or equivalent for costs purposes
  2. 2 Whether the claimant or defendant was the 'winning party' for costs

Ratio Decidendi

The judge erred in treating the interim payment letter as equivalent to an offer; it was not capable of acceptance and did not achieve finality. The correct approach was to consider the letter but not give it the weight of an offer. Neither party should recover their costs.

Court Disposition

Appeal allowed

Orders

  • No order as to the costs of the trial