Harris v Nandos Chickenland Ltd

Harris v Nandos Chickenland Ltd

The claimant acted reasonably in rejecting the defendant’s pre-issue offer as it excluded entitlement to costs and interest, and the defendant is not entitled to its costs of the Part 8 proceedings as a result.

Parties
Claimant: Miss Veronique Harris; Defendant: Nandos Chickenland Ltd
Jurisdiction
England and Wales
Judgment Date
24 March 2009
Procedural Posture
Costs Proceedings / Application for Costs Order Following Settlement Offer
Outcome
application dismissed
Legal Topics
Part 8 Proceedings, Settlement Offers, Costs Assessment, Part 36 Offers, Part 47.19 CPR
Civil Procedure Costs Law Part 8 Proceedings Settlement Offers Costs Assessment Part 36 Offers Part 47.19 CPR

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Parties

Miss Veronique Harris

Claimant

Nandos Chickenland Ltd

Defendant

Procedural Posture

Costs Proceedings / Application for Costs Order Following Settlement Offer

Legal Issues

  1. 1 Whether the claimant acted reasonably in rejecting the defendant's pre-issue settlement offer
  2. 2 Whether the defendant is entitled to its costs of the Part 8 proceedings due to the claimant's refusal of the offer
  3. 3 Appropriate treatment of costs and interest in light of settlement offers

Ratio Decidendi

The claimant acted reasonably in rejecting the defendant’s pre-issue offer as it excluded entitlement to costs and interest, and the defendant is not entitled to its costs of the Part 8 proceedings as a result.

Court Disposition

application dismissed

Orders

  • Defendant to pay the claimant’s reasonable costs of the application.
  • Claimant given liberty to apply to restore the appointment to claim further costs if not agreed.