17 November 2011
MIOM 1 Ltd and another company v Sea Echo E.N.E. (No 2) [2011] EWHC 2715 (Admlty), [2011] All ER (D) 51 (Nov)
CPR Pt 61 did not provide for costs on the indemnity basis where a CPR Pt 61 offer was successful, whereas CPR Pt 36 did provide for such costs when a CPR Pt 36 offer was successful. That was a clear indication that the authors of CPR Pt 61 did not intend that indemnity costs should be awarded merely because a CPR Pt 61 offer had been successful. In those circumstances, it was not appropriate in a collision action governed by CPR Pt 61 to order costs on an indemnity basis merely because an offer had been successful.
