- Part 36 and split trial—court refuses to make costs order until after damages quantified (Original Beauty Technology Company v G4K Fashion)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: In this case the question was whether the existence of a Part 36 offer made by the defendant precluded the court from dealing with the costs of a liability trial until after damages had been quantified. David Stone, sitting as a Deputy High Court Judge, held that it was impossible to order that anything be paid on account until the litigation had concluded. If the claimant failed to better the offer made by the defendant then the costs burden would be reversed from the end of the relevant period with the defendant being entitled to recover from the claimant. Until quantum was determined the court could not adjudicate upon the effect of the offer. Again, the parties agreed that the judge was entitled to know of the existence of the offer but not the terms of it. That was the combined effect of CPR 36.6 and CPR 36.16(4). Written by Professor Dominic Regan, head of Know-How at Frenkel Topping.
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