Beasley v Alexander [2012] EWHC 2715 (QB) (09 October 2012)

Beasley v Alexander [2012] EWHC 2715 (QB) (09 October 2012)

The court cannot be told the position as to Part 36 offers, and therefore cannot deal with costs, until the whole case (including quantum) has been decided, as required by CPR 36.13(2).

Citation
[2012] EWHC 2715
Parties
Claimant: Marcel Beasley (a protected party by his litigation friend Cadell Beasley); Defendant: Paul Alexander
Jurisdiction
England and Wales
Judgment Date
09 October 2012
Procedural Posture
Personal Injury Road Traffic Accident / Post Liability Trial, Pre Quantum, Application for Costs Order Following Split Trial
Outcome
No order as to costs at this stage; costs reserved until the whole case is decided.
Legal Topics
Costs, Part 36 Offers, Split Trials, Interpretation of CPR 36.13
Civil Procedure Personal Injury Costs Part 36 Offers Split Trials Interpretation of CPR 36.13

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Parties

Marcel Beasley (a protected party by his litigation friend Cadell Beasley)

Claimant

Paul Alexander

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Post Liability Trial, Pre Quantum, Application for Costs Order Following Split Trial

Legal Issues

  1. 1 Whether the court can make an order as to costs following a split trial on liability when a Part 36 offer may have been made, in light of CPR 36.13(2)

Ratio Decidendi

The court cannot be told the position as to Part 36 offers, and therefore cannot deal with costs, until the whole case (including quantum) has been decided, as required by CPR 36.13(2).

Court Disposition

No order as to costs at this stage; costs reserved until the whole case is decided.

Orders

  • No order as to costs following liability trial; costs to be determined after quantum.