Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd

Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd

The claimant's Part 36 offer was valid and a genuine attempt to settle; although the discount was modest, it was not derisory. Indemnity costs are awarded from four months after the offer, when the defendant could reasonably have assessed liability, but not from the offer date due to lack of information on quantum at that time.

Parties
Claimant: Jockey Club Racecourse Limited; Defendant: Willmott Dixon Construction Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2016
Procedural Posture
Civil / Post Case Management Hearing; Determination of Costs Following Liability Resolution
Outcome
Claimant's application for indemnity costs partially granted.
Legal Topics
Indemnity Costs, Part 36 Offers, Liability, Settlement Offers
Construction Law Civil Procedure Indemnity Costs Part 36 Offers Liability Settlement Offers

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Jockey Club Racecourse Limited

Claimant

Willmott Dixon Construction Limited

Defendant

Procedural Posture

Civil / Post Case Management Hearing; Determination of Costs Following Liability Resolution

Legal Issues

  1. 1 Whether the claimant's Part 36 offer was valid under Part 36
  2. 2 Whether the offer was a genuine attempt to settle liability
  3. 3 Whether it would be unjust to award indemnity costs from the date of the offer

Ratio Decidendi

The claimant's Part 36 offer was valid and a genuine attempt to settle; although the discount was modest, it was not derisory. Indemnity costs are awarded from four months after the offer, when the defendant could reasonably have assessed liability, but not from the offer date due to lack of information on quantum at that time.

Court Disposition

Claimant's application for indemnity costs partially granted.

Orders

  • Claimant awarded costs in relation to liability on the standard basis up to 29 May 2015 and thereafter on an indemnity basis.
  • Questions relating to interest are reserved for future determination.