Beasley v Alexander

CPR Rule 36.13(2) prohibits disclosure of Part 36 offers to the trial judge until the entire case has been decided, including quantum, and therefore the court cannot make an order as to costs at the conclusion of the liability stage in a split trial when Part 36 offers exist.

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: Civil / Post Liability Judgment, Costs Determination
Outcome: No order as to costs at this stage; costs reserved until the case is fully decided.
Legal Topics: Costs, Split Trials, Part 36 Offers, Construction of Procedural Rules

Civil Procedure Costs Split Trials Part 36 Offers Construction of Procedural Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2

Parties

Marcel Beasley (A protected party by, his litigation friend Cadell Beasley)

Claimant

Paul Alexander

Defendant

Procedural Posture

Civil / Post Liability Judgment, Costs Determination

Legal Issues

1 Whether CPR Rule 36.13(2) prohibits disclosure of Part 36 offers to the trial judge after a split trial on liability but before quantum is determined
2 Whether the court can make an order as to costs at the conclusion of the liability stage in a split trial when Part 36 offers exist

Ratio Decidendi

Court Disposition

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

Orders

No order as to costs following liability judgment; costs to be determined after quantum is decided.