Jolly v Harsco Infrastructure Services Ltd [2012] EWHC 3086 (QB) (05 November 2012)

Jolly v Harsco Infrastructure Services Ltd [2012] EWHC 3086 (QB) (05 November 2012)

There is no power under CPR Part 36 to enter judgment following late acceptance of a Part 36 offer without the defendant's consent; the appropriate order is a stay under CPR 36.10 and 36.11, with costs to be determined accordingly.

Citation
[2012] EWHC 3086
Parties
Claimant: Margaret Jolly; Defendant: Harsco Infrastructure Services Ltd
Jurisdiction
England and Wales
Judgment Date
05 November 2012
Procedural Posture
Personal Injury Fatal Asbestos Exposure / Post Liability Acceptance, Determination of Judgment or Consent Order
Outcome
Judgment not entered; action stayed under CPR 36.10 and 36.11.
Legal Topics
CPR Part 36 Offers, Costs Consequences, Judgment Entry, Liability Apportionment
Personal Injury Civil Procedure CPR Part 36 Offers Costs Consequences Judgment Entry Liability Apportionment

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Parties

Margaret Jolly

Claimant

Harsco Infrastructure Services Ltd

Defendant

Procedural Posture

Personal Injury Fatal Asbestos Exposure / Post Liability Acceptance, Determination of Judgment or Consent Order

Legal Issues

  1. 1 Whether judgment should be entered for damages to be assessed following late acceptance of a Part 36 offer
  2. 2 Whether CPR 36.14 applies to costs and interest in these circumstances

Ratio Decidendi

There is no power under CPR Part 36 to enter judgment following late acceptance of a Part 36 offer without the defendant's consent; the appropriate order is a stay under CPR 36.10 and 36.11, with costs to be determined accordingly.

Court Disposition

Judgment not entered; action stayed under CPR 36.10 and 36.11.

Orders

  • Issue of liability stayed upon terms of claimant's offer.
  • Costs relating to liability issue postponed to be dealt with under CPR 36.10(4) and (5) or CPR 44.3.