Capita (Banstead 2011) Ltd & Anor v RFIB Group Ltd

Capita (Banstead 2011) Ltd & Anor v RFIB Group Ltd

The trial judge was entitled to make an issue-based costs order depriving the appellants of their costs up to the expiry of the Calderbank offer, as the majority of costs were incurred on an issue on which they lost. There was no error of principle in treating the Calderbank offer as having the same effect as a Part...

Source-derived case information.

Parties
Appellant: Capita (Banstead 2011) Limited; Appellant: Capita Hartshead Benefit Consultants Limited; Respondent: RFIB Group Limited
Jurisdiction
England and Wales
Judgment Date
20 July 2017
Procedural Posture
Civil Appeal / Appeal From High Court Costs Order
Outcome
appeal dismissed
Legal Topics
Costs Orders, Indemnity, Issue Based Costs, Calderbank Offers, Part 36 Offers
Civil Procedure Commercial Law Costs Orders Indemnity Issue Based Costs Calderbank Offers Part 36 Offers

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Parties

Capita (Banstead 2011) Limited

Appellant

Capita Hartshead Benefit Consultants Limited

Appellant

RFIB Group Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Costs Order

Legal Issues

  1. 1 Whether the trial judge erred in making no order as to costs up to the expiry of a Calderbank offer when the appellants were partially successful at trial
  2. 2 Whether the judge erred in treating a Calderbank offer as having the same effect as a Part 36 offer for costs purposes

Ratio Decidendi

The trial judge was entitled to make an issue-based costs order depriving the appellants of their costs up to the expiry of the Calderbank offer, as the majority of costs were incurred on an issue on which they lost. There was no error of principle in treating the Calderbank offer as having the same effect as a Part 36 offer for costs purposes. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.