Robert Gagliardi v Evolution Capital Management LLC

Robert Gagliardi v Evolution Capital Management LLC

The start of trial for CPR 36 purposes is the first day the parties are required to attend court, not judicial pre-reading days. The claimant's Part 36 offer was made in time, so the consequences of CPR 36.17(4) apply. The defendant failed to show it would be unjust for those consequences to apply. Indemnity costs are only warranted for the abusive counterclaim, not the litigation as a whole.

Parties
Claimant: Robert Gagliardi; Defendant: Evolution Capital Management LLC
Jurisdiction
England and Wales
Judgment Date
20 January 2026
Procedural Posture
Commercial Litigation / Post Trial Costs and Consequential Orders
Outcome
Application granted in part
Legal Topics
Part 36 Offers, Costs Consequences, Interpretation of 'start of Trial', Indemnity Costs, Interest on Judgment
Civil Procedure Commercial Law Part 36 Offers Costs Consequences Interpretation of 'start of Trial' Indemnity Costs Interest on Judgment

Case Brief

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Parties

Robert Gagliardi

Claimant

Evolution Capital Management LLC

Defendant

Procedural Posture

Commercial Litigation / Post Trial Costs and Consequential Orders

Legal Issues

  1. 1 Whether the claimant's Part 36 offer was made less than 21 days before trial for the purposes of CPR 36.17(7)(c)
  2. 2 Whether the consequences of CPR 36.17(4) should apply
  3. 3 Whether it would be unjust to apply the consequences of CPR 36.17(4)

Ratio Decidendi

The start of trial for CPR 36 purposes is the first day the parties are required to attend court, not judicial pre-reading days. The claimant's Part 36 offer was made in time, so the consequences of CPR 36.17(4) apply. The defendant failed to show it would be unjust for those consequences to apply. Indemnity costs are only warranted for the abusive counterclaim, not the litigation as a whole.

Court Disposition

Application granted in part

Orders

  • Defendant to pay claimant's costs on the standard basis, except indemnity costs on the counterclaim as specified.
  • Defendant to pay enhanced interest at 10% above base rate under CPR 36.17.