Lumb v Hampsey [2011] EWHC 2808 (QB) (11 October 2011)

Lumb v Hampsey [2011] EWHC 2808 (QB) (11 October 2011)

The Claimant had sufficient evidence and capacity to value and negotiate his claim at the time of the Part 36 offer; no exceptional circumstances exist to justify departure from the usual costs order; the Claimant must pay the Defendant's costs from the expiry of the relevant period to the date of acceptance.

Citation
[2011] EWHC 2808
Parties
Claimant: Steven David Lumb; Defendant: Barry Hampsey
Jurisdiction
England and Wales
Judgment Date
11 October 2011
Procedural Posture
Personal Injury / Post Settlement, Costs Determination
Outcome
Claimant ordered to pay Defendant's costs from expiry of relevant period to date of acceptance of Part 36 offer.
Legal Topics
CPR Part 36 Offers, Costs Consequences, Protected Parties, Quantum of Damages
Civil Procedure Personal Injury CPR Part 36 Offers Costs Consequences Protected Parties Quantum of Damages

Case Brief

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Parties

Steven David Lumb

Claimant

Barry Hampsey

Defendant

Procedural Posture

Personal Injury / Post Settlement, Costs Determination

Legal Issues

  1. 1 Whether the Claimant should pay the Defendant's costs from the date of expiry of the relevant period under CPR Rule 36.10(5)
  2. 2 Whether permission should be granted for late acceptance of the Part 36 offer under CPR Rule 36.9(3)(b)

Ratio Decidendi

The Claimant had sufficient evidence and capacity to value and negotiate his claim at the time of the Part 36 offer; no exceptional circumstances exist to justify departure from the usual costs order; the Claimant must pay the Defendant's costs from the expiry of the relevant period to the date of acceptance.

Court Disposition

Claimant ordered to pay Defendant's costs from expiry of relevant period to date of acceptance of Part 36 offer.

Orders

  • Usual costs order pursuant to CPR 36.10(5) applied.
  • Permission granted for late acceptance of Part 36 offer under CPR Rule 36.9(3)(b).