Sutherland v Turnbull

Sutherland v Turnbull

The accepted Part 36 offer resolved all outstanding liability issues between the parties and did not relate to part only of the claim. There was no separate act of abandonment of the balance of the claim by the claimant at the time of acceptance. Therefore, CPR Part 36.10(1) applies and the claimant is entitled to her costs up to the date of acceptance as of right.

Parties
Claimant: Tracy Sutherland; Defendant: Frank Turnbull
Jurisdiction
England and Wales
Judgment Date
26 October 2010
Procedural Posture
Personal Injury / Costs Determination Following Acceptance of Part 36 Offer
Outcome
Claimant entitled to costs up to 15 September 2010 under CPR Part 36.10(1)
Legal Topics
Costs Consequences of Part 36 Offer, Split Trial Procedure, Liability and Causation in Personal Injury, Abandonment of Claim Under CPR
Civil Procedure Personal Injury Costs Consequences of Part 36 Offer Split Trial Procedure Liability and Causation in Personal Injury Abandonment of Claim Under CPR

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Parties

Tracy Sutherland

Claimant

Frank Turnbull

Defendant

Procedural Posture

Personal Injury / Costs Determination Following Acceptance of Part 36 Offer

Legal Issues

  1. 1 Whether the claimant is entitled to costs as of right under CPR Part 36.10(1) or whether the court has discretion under CPR Part 36.10(2) due to the offer relating to part only of the claim and abandonment of the balance of the claim

Ratio Decidendi

The accepted Part 36 offer resolved all outstanding liability issues between the parties and did not relate to part only of the claim. There was no separate act of abandonment of the balance of the claim by the claimant at the time of acceptance. Therefore, CPR Part 36.10(1) applies and the claimant is entitled to her costs up to the date of acceptance as of right.

Court Disposition

Claimant entitled to costs up to 15 September 2010 under CPR Part 36.10(1)

Orders

  • Defendant to pay claimant's costs of the proceedings up to 15 September 2010, the date of acceptance of the Part 36 offer