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

25 November 2015

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.

 Please click here to read Judgment   

Counsel

David Thomas KC
David Thomas KC
Jonathan Lee KC
Jonathan Lee KC