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 on liability where the defendant does not consent; the appropriate order is to stay the issue of liability on the terms of the offer, with costs to be determined under CPR 36.10 and 36.11, not CPR 36.14.

Citation
[2012] EWHC 3086 (QB)
Parties
Claimant: Margaret Jolly (acting as Widow and Executrix of the Estate of her late husband, Stephen Arthur Jolly); Defendant: Harsco Infrastructure Services Ltd
Jurisdiction
England and Wales
Judgment Date
05 November 2012
Procedural Posture
Personal Injury—fatal Asbestos Related Claim / Post Liability Agreement; Application for Judgment or Consent Order Following Late Acceptance of Part 36 Offer
Outcome
Application for judgment refused; stay of liability issue ordered on terms of the Part 36 offer; costs to be determined under CPR 36.10 and 36.11.
Legal Topics
CPR Part 36 Offers, Costs Consequences, Mesothelioma, Apportionment of Liability
Civil Procedure Personal Injury Tort CPR Part 36 Offers Costs Consequences Mesothelioma Apportionment of Liability

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Parties

Margaret Jolly (acting as Widow and Executrix of the Estate of her late husband, Stephen Arthur Jolly)

Claimant

Harsco Infrastructure Services Ltd

Defendant

Procedural Posture

Personal Injury—fatal Asbestos Related Claim / Post Liability Agreement; Application for Judgment or Consent Order Following Late Acceptance of Part 36 Offer

Legal Issues

  1. 1 Whether the court should enter judgment for damages to be assessed following late acceptance of a Part 36 offer on liability
  2. 2 Whether CPR 36.14 applies to entitle the claimant to indemnity costs and enhanced interest, or whether the matter should be disposed of by consent order under CPR 36.10 and 36.11

Ratio Decidendi

There is no power under CPR Part 36 to enter judgment following late acceptance of a Part 36 offer on liability where the defendant does not consent; the appropriate order is to stay the issue of liability on the terms of the offer, with costs to be determined under CPR 36.10 and 36.11, not CPR 36.14.

Court Disposition

Application for judgment refused; stay of liability issue ordered on terms of the Part 36 offer; costs to be determined under CPR 36.10 and 36.11.

Orders

  • Issue of liability stayed on terms of claimant's Part 36 offer (99% in claimant's favour)
  • Costs relating to liability to be determined under CPR 36.10(4)-(5) or CPR 44.3