Wessanen Foods v Jofson Ltd [2006] EWHC 1363 (TCC) (08 June 2006)

Wessanen Foods v Jofson Ltd [2006] EWHC 1363 (TCC) (08 June 2006)

The Defendant's offer of 3 April 2006 did not meet the requirements for a Part 36 offer, and the Claimant's conduct was not unreasonable to a high degree. The weakness of the Claimant's case only became apparent at trial, so indemnity costs are not justified. Costs are to be assessed on a standard basis.

Citation
[2006] EWHC 1363 (TCC)
Parties
Claimant: Wessanen Foods; Defendant: Jofson Ltd
Jurisdiction
England and Wales
Judgment Date
08 June 2006
Procedural Posture
Civil (costs Order) / Post Trial Costs Determination
Outcome
Defendant's application for indemnity costs refused; costs to be assessed on a standard basis.
Legal Topics
Assessment of Costs, Indemnity Costs, Standard Basis Costs, Offers to Settle, Conduct of Parties
Civil Procedure Costs Assessment of Costs Indemnity Costs Standard Basis Costs Offers to Settle Conduct of Parties

Case Brief

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Parties

Wessanen Foods

Claimant

Jofson Ltd

Defendant

Procedural Posture

Civil (costs Order) / Post Trial Costs Determination

Legal Issues

  1. 1 Whether the Defendant's costs should be assessed on an indemnity basis from 11 April 2006 or on a standard basis throughout

Ratio Decidendi

The Defendant's offer of 3 April 2006 did not meet the requirements for a Part 36 offer, and the Claimant's conduct was not unreasonable to a high degree. The weakness of the Claimant's case only became apparent at trial, so indemnity costs are not justified. Costs are to be assessed on a standard basis.

Court Disposition

Defendant's application for indemnity costs refused; costs to be assessed on a standard basis.

Orders

  • Claimant to pay Defendant's costs of the claim and Counterclaim on a standard basis.
  • Interim payment of £165,000 by Claimant to Defendant within 21 days.