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

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

The court cannot make an order for costs following a split trial on liability where a Part 36 offer may have been made, because CPR 36.13(2) prohibits disclosure of such offers to the trial judge until the entire case has been decided. The rule's wording refers to the whole action, not just a part such as liability, and the previous exception for split trials was deliberately removed.

Citation
[2012] EWHC 2715 (QB)
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 Damages Assessment; Application for Costs Order Following Split Trial on Liability
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

Case Brief

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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 Damages Assessment; Application for Costs Order Following Split Trial on Liability

Legal Issues

  1. 1 Whether the court can make an order for 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 make an order for costs following a split trial on liability where a Part 36 offer may have been made, because CPR 36.13(2) prohibits disclosure of such offers to the trial judge until the entire case has been decided. The rule's wording refers to the whole action, not just a part such as liability, and the previous exception for split trials was deliberately removed.

Court Disposition

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

Orders

  • No order for costs following the liability trial; costs to be determined after the final outcome of the case.