United Building & Plumbing Contractors v Kajla [2002] EWCA Civ 628 (26 April 2002)

Evidence from settlement negotiations was admissible by implied consent of both parties, but fees for assistance by a non-lawyer are not recoverable under CPR 48.6. Costs should reflect the settlement offer and only court fees and sheriff's fees are recoverable.

Citation: [2002] EWCA Civ 628
Parties: Claimant/respondent: United Building and Plumbing Contractors; Defendant/appellant: Malkit Singh Kajla
Jurisdiction: England and Wales
Judgment Date: 26 April 2002
Procedural Posture: Civil Appeal / Appeal From County Court Judgment
Outcome: appeal allowed in part
Legal Topics: Costs, Without Prejudice Privilege, Building Contract Disputes

Civil Procedure Contract Law Costs Without Prejudice Privilege Building Contract Disputes

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Parties

United Building and Plumbing Contractors

Claimant/respondent

Malkit Singh Kajla

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

1 Admissibility of 'without prejudice' evidence in settlement negotiations
2 Entitlement to recover costs for assistance by non-lawyers
3 Proper calculation of costs in light of settlement offers

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Judge's order for £3,000 costs set aside and replaced with £1,441 costs.
Respondent to pay appellant's costs of appeal assessed at £400.