Sutherland v Turnbull [2010] EWHC 2699 (QB) (26 October 2010)

Sutherland v Turnbull [2010] EWHC 2699 (QB) (26 October 2010)

The defendant's Part 36 offer was an offer to settle all outstanding liability issues, not just part of the claim. The claimant did not abandon any balance of the claim 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.

Citation
[2010] EWHC 2699
Parties
Claimant: Tracy Sutherland; Defendant: Frank Turnbull
Jurisdiction
England and Wales
Judgment Date
26 October 2010
Procedural Posture
Personal Injury / Post Acceptance of Part 36 Offer; Costs Determination
Outcome
Claimant entitled to costs up to 15 September 2010 under CPR Part 36.10(1).
Legal Topics
Part 36 Offers, Costs Consequences, Split Trials, Liability and Causation
Civil Procedure Personal Injury Part 36 Offers Costs Consequences Split Trials Liability and Causation

Case Brief

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Parties

Tracy Sutherland

Claimant

Frank Turnbull

Defendant

Procedural Posture

Personal Injury / Post Acceptance of Part 36 Offer; Costs Determination

Legal Issues

  1. 1 Whether the claimant is entitled to costs up to the date of acceptance of the defendant's Part 36 offer under CPR Part 36.10(1) or whether the court has discretion under Part 36.10(2) to order otherwise.

Ratio Decidendi

The defendant's Part 36 offer was an offer to settle all outstanding liability issues, not just part of the claim. The claimant did not abandon any balance of the claim 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.