Yieldpoint Stable Value Fund, LP v Kimura Commodity Trade Finance Fund Limited

Yieldpoint Stable Value Fund, LP v Kimura Commodity Trade Finance Fund Limited

The Part 36 Offer was not a genuine attempt to settle the proceedings given the binary nature of the dispute, the negligible discount, and the lack of a clearly very strong claim at the time of the offer. It would be unjust to grant the claimant any of the enhancements under CPR 36.17(4)(a)-(d).

Parties
Claimant: Yieldpoint Stable Value Fund, LP; Defendant: Kimura Commodity Trade Finance Fund Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial Claim (repayment of Debt) / Consequentials Hearing Post Trial Judgment
Outcome
Claimant's application for post-judgment enhancements under CPR 36.17(4)(a)-(d) refused
Legal Topics
Part 36 Offers, Costs Consequences, Settlement Offers, Genuine Attempt to Settle
Civil Procedure Commercial Law Part 36 Offers Costs Consequences Settlement Offers Genuine Attempt to Settle

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Parties

Yieldpoint Stable Value Fund, LP

Claimant

Kimura Commodity Trade Finance Fund Limited

Defendant

Procedural Posture

Commercial Claim (repayment of Debt) / Consequentials Hearing Post Trial Judgment

Legal Issues

  1. 1 Whether the Part 36 Offer was a genuine attempt to settle the proceedings within the meaning of CPR 36.17(5)(e)
  2. 2 Whether it would be unjust to award the claimant post-judgment enhancements under CPR 36.17(4)(a)-(d)

Ratio Decidendi

The Part 36 Offer was not a genuine attempt to settle the proceedings given the binary nature of the dispute, the negligible discount, and the lack of a clearly very strong claim at the time of the offer. It would be unjust to grant the claimant any of the enhancements under CPR 36.17(4)(a)-(d).

Court Disposition

Claimant's application for post-judgment enhancements under CPR 36.17(4)(a)-(d) refused

Orders

  • No enhancements under CPR 36.17(4)(a)-(d) awarded to the claimant