header-logo header-logo

06 February 2015 / Alex Fox , Chris Hoyer-Millar
Issue: 7639 / Categories: Features , Procedure & practice , CPR
printer mail-detail

An offer you can’t refuse?

millarfox

Calderbank offers & Pt 36 offers are examined by Chris Hoyer-Millar & Alex Fox

Hindsight is a wonderful thing. Recent judgments have drawn attention to the “failures” of parties (and their advisers) to curb costs and reach settlement. Why did X embark on a doomed case at vast and irrecoverable expense? Why did Y leave disclosure until the last minute thereby causing costs to rocket? Why did Z not accept an offer to settle which it could never realistically hope to beat? Of course in the heat of battle, matters are rarely clear cut.

However two recent cases provide guidance as to the court’s developing approach to two potentially problematic areas which crop up time and again: Without Prejudice Save As To Costs Offers (Calderbank Offers) and Part 36 Offers . The Court of Appeal decision (concerning Calderbank offers) is perhaps clearer than the more nuanced (and very fact specific) judgment of the Commercial Court (concerning an “unsuccessful” defendant’s Pt 36 offer).

Coward v Phaestos

The first case, Coward

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll