Littlestone & Ors v Macleish

Littlestone & Ors v Macleish

The admissions payment was a payment on account of the claim and should not be aggregated with the Part 36 offer for the purpose of assessing whether the judgment was more advantageous. The claimant's judgment exceeded the value of the Part 36 offer, entitling him to costs. The contractual clause in the lease entitled the claimant to costs on the indemnity basis, not the standard basis.

Parties
Appellants: Littlestone and Others; Respondent: Macleish
Jurisdiction
England and Wales
Judgment Date
10 March 2016
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal dismissed; cross-appeal allowed.
Legal Topics
Costs, Part 36 Offers, Lease Obligations, Indemnity Costs, Repairing Covenants
Civil Procedure Contract Law Property Law Costs Part 36 Offers Lease Obligations Indemnity Costs Repairing Covenants

Case Brief

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Parties

Littlestone and Others

Appellants

Macleish

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the claimant obtained a judgment more advantageous than the defendants' Part 36 offer for costs purposes
  2. 2 Whether costs should be awarded on the indemnity basis due to contractual entitlement

Ratio Decidendi

The admissions payment was a payment on account of the claim and should not be aggregated with the Part 36 offer for the purpose of assessing whether the judgment was more advantageous. The claimant's judgment exceeded the value of the Part 36 offer, entitling him to costs. The contractual clause in the lease entitled the claimant to costs on the indemnity basis, not the standard basis.

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

  • Defendants' appeal dismissed; claimant awarded costs of proceedings.
  • Costs to be assessed on the indemnity basis.