Harris v Nandos Chickenland Ltd, Court of Appeal - Supreme Court Cost Office, March 24, 2009, [2009] EWHC 90142 (Costs)

Resolution Date:March 24, 2009
Issuing Organization:Supreme Court Cost Office
Actores:Harris v Nandos Chickenland Ltd
 
FREE EXCERPT

1

Neutral Citation Number: [2009] EWHC 90142 (Costs)

Claim No 8MY07466

IN THE SUPREME COURT COSTS OFFICE

Supreme Court Costs Office

Cliffords Inn

Fetter Lane

London

Date: Tuesday 24 March 2009

Before

MASTER O'HARE, COSTS JUDGE

sitting as a Deputy District Judge of the

Mayor's and City of London County Court

- - - - - -

MISS VERONIQUE HARRIS

v

NANDOS CHICKENLAND LTD

- - - - - -

Transcript prepared from the official record by

Cater Walsh Transcription Ltd, 1st Floor, Paddington House,

New Road, Kidderminster, DY10 1AL.

Tel: 01562 60921/510118; Fax 01562 743235; info@caterwalsh.co.uk

- - - - - -

MR J SCOTT appeared on behalf of the CLAIMANT.

MR D STACEY appeared on behalf of the DEFENDANT.

- - - - - -

JUDGMENT

MASTER O'HARE:

1 This is a dispute over the costs of certain Part 8 proceedings which were issued on 20th November 2008 and were served on the defendant on 2nd December 2008, and the costs of the subsequent detailed assessment proceedings.

2 The dispute arises because of an offer to settle first made on 11th November 2008, that is nine days before the Part 8 claim was issued. The defendant then made an offer to settle on the basis that they would pay £9250 in respect of the costs, the detailed assessment of which might be otherwise sought. That offer was made subject to two paragraphs I want to read in full.

``This offer is made pursuant to Part 47.19 of the Civil Procedure Rules and excludes any interest and Part 8 and detailed assessment costs to which entitlement may later arise.''

No admission as to an entitlement to such costs and interest is made at this time.''

3 The claimant did not accept that offer and, as explained, later issued proceedings. An order for costs was obtained in those proceeding on 9th December 2008. After that, on 16th December, the claimant's solicitors re-served their bill under a notice of commencement, and on 7th January 2009, the defendants repeated their offer in very similar terms.

4 I read from the letter of 7th January. The second paragraph states:

``We maintain our Part 47.19 offer of £9,250 in full and final settlement of costs as detailed in the bill of costs, but exclusive of interest, costs in respect of Part 8 and detailed assessment proceedings''.

That offer did not have a second sentence saying ``no admission as to entitlement to costs and interest''.

5 The defendants' offer of 7 January was served together with its points of disputes on the claimant's bill. The claimant considered those...

To continue reading

REQUEST YOUR TRIAL