Huntley v Simmonds (Costs) [2009] EWHC 406 (QB) (05 March 2009)

Huntley v Simmonds (Costs) [2009] EWHC 406 (QB) (05 March 2009)

The Defendant's offer was not formally compliant with CPR 36.5(4) due to omission of a required statement, but the defects were purely technical and caused no prejudice; the Court exercised discretion under CPR 44.3(4)(c) to apply the same costs consequences as if the offer had been compliant.

Citation
[2009] EWHC 406
Parties
Claimant: Joseph Paul Huntley (also known as Joseph Paul Hopkins) (a Protected Party by his Litigation Friend, Alison Jane McClure); Defendant: Paul Simmonds
Jurisdiction
England and Wales
Judgment Date
05 March 2009
Procedural Posture
Personal Injury Damages Assessment / Judgment on Costs Following Damages Hearing
Outcome
Order for costs in favour of Defendant from 7 November 2008
Legal Topics
Costs, Part 36 Offers, Periodical Payment Orders, Technical Compliance With Procedural Rules
Civil Procedure Personal Injury Costs Part 36 Offers Periodical Payment Orders Technical Compliance With Procedural Rules

Case Brief

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Parties

Joseph Paul Huntley (also known as Joseph Paul Hopkins) (a Protected Party by his Litigation Friend, Alison Jane McClure)

Claimant

Paul Simmonds

Defendant

Procedural Posture

Personal Injury Damages Assessment / Judgment on Costs Following Damages Hearing

Legal Issues

  1. 1 Whether the Defendant's Part 36 offer was compliant with CPR 36.5(4)
  2. 2 Whether the Court should exercise discretion to apply Part 36 costs consequences to a non-compliant offer

Ratio Decidendi

The Defendant's offer was not formally compliant with CPR 36.5(4) due to omission of a required statement, but the defects were purely technical and caused no prejudice; the Court exercised discretion under CPR 44.3(4)(c) to apply the same costs consequences as if the offer had been compliant.

Court Disposition

Order for costs in favour of Defendant from 7 November 2008

Orders

  • Defendant to have his costs from 7 November 2008
  • Claimant's liability for Defendant's costs commences from 7 November 2008