Court finds offer specifying how costs would fall was not a CPR 36 offer (Knight and another v Knight and others)

Table of contents

• What are the practical implications of the decision?
• What was the background?
• What did the court decide?

Article summary

Dispute Resolution analysis: Richard Dew, barrister at Ten Old Square, examines the High Court’s decision in Knight and another v Knight and others that the claimants’ offer to settle before proceedings were issued had not been in accordance with CPR 36 because it had stated that the defendants would not be liable for the claimants’ costs if they accepted the offer. Therefore, although the defendants rejected the offer and judgment was subsequently given for the claimants, they were not required to pay the claimants’ costs on the indemnity basis. The court also made obiter comments about whether an additional sum based upon the sum awarded could be paid.