Summary of Recent Cases – Costs


The costs of cross-application for summary judgment would be reserved pending the outcome of mediation as costs would be one of the central issues to be decided at mediation

Adobe Systems Inc v (1) Netcom Distributors Ltd (2) Mussarat Fatima Kosar Bhattic (3) Mahmud Ahmed Bhatti [2012], Ch D, 28/05/12
The costs of the summary judgment applications would be reserved to be determined at a CMC after the mediation. One of the issues to be mediated was costs generally, of which the costs of the summary judgment applications would be a relatively small part. It was not desirable to make a costs order ahead of a mediation where goodwill by all parties would be necessary if the very expensive proceedings were to be compromised.

An offer which did not specify a period of not less than 21 days, or any period, in compliance with CPR r.36.2(2)(c) was not a Part 36 offer
PHI Group Ltd v Robert West Consulting Ltd [2012] EWCA Civ 588,10/05/12
It was held that an offer did not specify a period of not less than 21 days, or any period, in compliance with CPR r.36(2)(2)(c) was not a Part 36 offer. It was not part of the mandatory requirements of the rule, once the period had been specified, to state expressly that that was the period “within which the defendant will be liable for the claimant’s costs in accordance with rule 36.10 if the offer is accepted”. The solicitors’ letter did not specify any period for the purposes of the rule and therefore the offer was not Part 36 compliant.

June 27, 2012 В· Editorial Team В· Comments Closed
Posted in: Cases