Littlestone & Ors v Macleish [2016] EWCA Civ 127 (10 March 2016)

Littlestone & Ors v Macleish [2016] EWCA Civ 127 (10 March 2016)

Admissions payment is a payment on account of the claim and should not be aggregated with the Part 36 offer for costs consequences; claimant obtained a judgment more advantageous than the Part 36 offer. Contractual clause entitles claimant to costs on indemnity basis, not standard basis.

Citation
[2016] EWCA Civ 127
Parties
Appellants: Littlestone and Others; Respondent: Macleish
Jurisdiction
England and Wales
Judgment Date
10 March 2016
Procedural Posture
Appeal From County Court Judgment / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal allowed.
Legal Topics
Costs, Part 36 Offers, Contractual Indemnity, Lease Obligations
Civil Procedure Landlord and Tenant Costs Part 36 Offers Contractual Indemnity Lease Obligations

Case Brief

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Parties

Littlestone and Others

Appellants

Macleish

Respondent

Procedural Posture

Appeal From County Court Judgment / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Part 36 offer should be aggregated with admissions payment for costs consequences
  2. 2 Whether costs should be awarded on indemnity basis under contractual entitlement

Ratio Decidendi

Admissions payment is a payment on account of the claim and should not be aggregated with the Part 36 offer for costs consequences; claimant obtained a judgment more advantageous than the Part 36 offer. Contractual clause entitles claimant to costs on indemnity basis, not standard basis.

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

  • Claimant awarded costs of proceedings on indemnity basis.