Onay v Brown [2009] EWCA Civ 775 (10 June 2009)

Onay v Brown [2009] EWCA Civ 775 (10 June 2009)

The defendant's letter of 5 September 2008 was a valid Part 36 offer solely in relation to liability, and acceptance of that offer entitled the claimant to costs under CPR 36.10(1). The judge's exercise of discretion on costs was flawed as it failed to reflect the underlying realities and the claimant's status as...

Source-derived case information.

Citation
[2009] EWCA Civ 775
Parties
Appellant: Onay; Respondent: Brown
Jurisdiction
England and Wales
Judgment Date
10 June 2009
Procedural Posture
Civil Appeal / Appeal From Central London County Court Decision on Costs Following Settlement of Liability in Personal Injury Claim
Outcome
Appeal allowed
Legal Topics
Costs, Part 36 Offers, Contributory Negligence, Road Traffic Accident
Civil Procedure Personal Injury Costs Part 36 Offers Contributory Negligence Road Traffic Accident

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Parties

Onay

Appellant

Brown

Respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court Decision on Costs Following Settlement of Liability in Personal Injury Claim

Legal Issues

  1. 1 Whether the defendant's letter of 5 September 2008 constituted a valid Part 36 offer with the consequences prescribed by CPR 36.10(1)
  2. 2 Whether the judge erred in exercising discretion as to costs following acceptance of a Part 36 offer on contributory negligence

Ratio Decidendi

The defendant's letter of 5 September 2008 was a valid Part 36 offer solely in relation to liability, and acceptance of that offer entitled the claimant to costs under CPR 36.10(1). The judge's exercise of discretion on costs was flawed as it failed to reflect the underlying realities and the claimant's status as the successful party.

Court Disposition

Appeal allowed

Orders

  • Order for costs set aside
  • Claimant entitled to costs under CPR 36.10(1) following acceptance of Part 36 offer