Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and other companies [2012] EWHC 3318 (Pat), [2012] All ER (D) 08 (Dec)
It was settled law that the proper approach should normally be to adjourn the question of costs pending the resolution of all the issues including damages, at which stage the quantum of the Pt 36 offer could be revealed and the discretion in relation to costs exercised in the knowledge of it. Pursuant to CPR 44.3(4)(c), the court was under an obligation to have regard to offers. The obligation to have regard to offers applied at the time the discretion in relation to the relevant costs was exercised. There had to be a very strong presumption that the court should be able to deal with all outstanding issues including costs at the end of a trial. The modern tendency to make costs orders as a case progressed, did not do away with the need for all remaining costs to be dealt with at the end of the trial. The court had to be satisfied that a strong reason existed if it was to take a different
