Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd
Citation: EWHC 274,  All ER (D) 70 (Mar),  BLR 144
Nature of case:
The court determined costs where one party had made a Part 36 offer that was not accepted within the relevant time period for acceptance but was subsequently accepted prior to the trial. Coulson J held this was not an appropriate case for indemnity costs as there was no reference in CPR 36.10(4) to a presumption that, unless it was unjust to do so, a defendant accepting a Part 36 offer out of time should pay the Claimant’s costs on an indemnity basis. Although there was a right to claim indemnity costs, there was no rebuttable presumption that such costs would be recovered.