Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd

Citation: EWHC 274, [2009] All ER (D) 70 (Mar), [2009] 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.

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David Thomas KC
Jonathan Lee KC

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