Kerry Underwood

INDEMNITY COSTS FOR FAILURE TO ENGAGE IN ALTERNATIVE DISPUTE RESOLUTION

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The matters dealt with in this piece are examined in great detail in my three volume, 1,300 page book Personal Injury Small Claims, Portals and Fixed Costs – price £50 and available from Underwoods Solicitors here.

Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

 

In

DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB)

the Queen’s Bench Division of the High Court awarded the claimant indemnity costs on the basis that the defendant had refused to engage in alternative dispute resolution.

The claimant beat its own Part 36 offer at trial and thus got indemnity costs from the date of expiry of the time for accepting the offer, that is 23 December 2019.

However, the court also ordered indemnity costs from over 1 year earlier for the defendant’s failure to respond to earlier Part 36 offers and its failure “to engage in any discussion whatsoever about the possibility of a settlement”.

 

“27. In summary, the Defendant in this case failed and refused to engage in any discussion whatsoever about the possibility of settlement. It did not respond to any of the three Part 36 offers (except to reject the final one). It was required by paragraph 4 of the Order of Master McCloud “to consider settling this litigation by any means of Alternative Dispute Resolution (including Mediation)”. It was warned by the same Order that if it did not engage in any such means proposed by the Claimant it would have to give reasons, and it was also warned that the reasons it gave might in due course be shown to the trial judge when the question of costs arose.”

Written by kerryunderwood

March 23, 2020 at 12:18 pm

Posted in Uncategorized

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