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Monday 12th January 2004
RL Wills & Ors v GD Barrett & Ors
[2003] EWHC 1718 (Ch) Peter-Smith J
The claimants’ costs had been assessed at £122,289.50 including £14,063.58 for the costs of the assessment. The appellant sought a rehearing rather than a review but could not demonstrate that otherwise there would be an injustice.
The first limb of the appeal was in relation to interest and approximately £2,300 was in issue. This limb of the appeal was allowed. The second concerned the costs of assessment. On 26th June 2002 the claimants had served their bill seeking £116,057.98 to which the defendants had made an offer of £88,250.00 which was “unpardonably low” and several further offers were made between the parties under CPR 47.19. The defendants final offer on 10th January 2003 was for £115,000 which was more than the net bill was assessed at.
It was held that the costs judge was correct to find that only the first offer complied with CPR and to give less weight to the other offers. “This appeal emphasises the need for paying parties who wish to protect themselves against the costs consequences of CPR 47.19 to make realistic settlement offers at the beginning of the detailed assessment proceedings and not at the end. The Court is bedevilled with late settlements.”
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