Jolly v Harsco Infrastructure Services Ltd

Jolly v Harsco Infrastructure Services Ltd

There is no power under CPR Part 36 to enter judgment in these circumstances where the defendant has not consented and the issue of liability has been compromised by late acceptance of a Part 36 offer. The appropriate order is to stay the issue of liability on the terms of the claimant’s offer, with costs to be determined under CPR 36.10(4) and (5) or CPR 44.3. CPR 36.14 is not applicable.

Parties
Claimant: Margaret Jolly; Defendant: Harsco Infrastructure Services Ltd
Jurisdiction
England and Wales
Judgment Date
05 November 2012
Procedural Posture
Civil Fatal Asbestos Injury Claim / Post Liability Settlement; Determination of Appropriate Order Following Late Acceptance of Part 36 Offer
Outcome
Claimant's application for judgment refused; action stayed on terms of the Part 36 offer; costs to be determined under CPR 36.10 or CPR 44.3.
Legal Topics
CPR Part 36 Offers, Costs Consequences, Judgment Entry, Settlement Procedure
Civil Procedure Personal Injury Tort Law CPR Part 36 Offers Costs Consequences Judgment Entry Settlement Procedure

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Parties

Margaret Jolly

Claimant

Harsco Infrastructure Services Ltd

Defendant

Procedural Posture

Civil Fatal Asbestos Injury Claim / Post Liability Settlement; Determination of Appropriate 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

Ratio Decidendi

There is no power under CPR Part 36 to enter judgment in these circumstances where the defendant has not consented and the issue of liability has been compromised by late acceptance of a Part 36 offer. The appropriate order is to stay the issue of liability on the terms of the claimant’s offer, with costs to be determined under CPR 36.10(4) and (5) or CPR 44.3. CPR 36.14 is not applicable.

Court Disposition

Claimant's application for judgment refused; action stayed on terms of the Part 36 offer; costs to be determined under CPR 36.10 or CPR 44.3.

Orders

  • Issue of liability stayed upon the terms of the claimant’s Part 36 offer.
  • Costs relating to liability to be determined under CPR 36.10(4) and (5) or CPR 44.3.