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

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

The court held that the Defendant's offer, though formally defective under CPR 36.5(4), was sufficiently clear and caused no prejudice to the Claimant, justifying the exercise of discretion to apply the same costs consequences as a compliant Part 36 offer.

Citation
[2009] EWHC 406 (QB)
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
Civil Costs Judgment / Post Trial, Costs Determination
Outcome
Defendant awarded costs from 7 November 2008; Claimant to pay Defendant's costs from that date.
Legal Topics
Costs, Part 36 Offers, Periodical Payment Orders, Damages Assessment
Civil Procedure Personal Injury Costs Part 36 Offers Periodical Payment Orders Damages Assessment

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

Civil Costs Judgment / Post Trial, Costs Determination

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 court held that the Defendant's offer, though formally defective under CPR 36.5(4), was sufficiently clear and caused no prejudice to the Claimant, justifying the exercise of discretion to apply the same costs consequences as a compliant Part 36 offer.

Court Disposition

Defendant awarded costs from 7 November 2008; Claimant to pay Defendant's costs from that date.

Orders

  • Defendant to have his costs from 7 November 2008.