24 February 2011
Rolf v De Guerin [2011] EWCA Civ 78, [2011] All ER (D) 169 (Feb)
The mechanism under CPR Pt 36 provided a formal, regulated procedure for a party, including a claimant, to express a willingness to accept something less than total success in his open position in the litigation.
If the offer was not accepted and the offeror did better in the final result than his offer, he was entitled, unless the court considered it would be unjust, to costs on an indemnity basis from the expiry of the “relevant period” (namely three weeks, unless the offer extended it) plus interest at an enhanced rate up to 10% above base rate. Further, the conduct referred to in CPR 44(4) could include the reasonableness of a party’s response to a call for mediation.
