header-logo header-logo

Home Login E-newsletter About us
23 June 2011
Issue: 7571 / Categories: Case law , Law reports , In Court
printer mail-detail

Costs—Order for costs—Discretion

© Copyright LexisNexis 2026. All Rights Reserved.

Hammersmatch Properties (Welwyn) Ltd v Saint-Gobain Ceramics and Plastics Ltd and another [2013] EWHC 2227 (TCC), [2013] All ER (D) 303 (Jul)

Queen’s Bench Division, Technology and Construction Court, Mr Justice Ramsey, 24 Jul 2013

The principle in para 72(vii) of Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd [2008] All ER (D) 04 (Oct) (Multiplex), namely that “if (a) one party makes an offer under Pt 36 or an admissible offer within r 44.3(4)(c) which is nearly but not quite sufficient, and (b) the other party rejects that offer outright without any attempt to negotiate, then it might be appropriate to penalise the second party in costs” no longer applies to CPR Pt 36 and should not be applied as a special “near miss” rule through CPR 44.2(4)(c). If there was an unreasonable refusal to negotiate then that was a matter which came within the circumstances which the court could take into account under CPR 44.2(4) and sub-para (a) in particular. 

Judith Jackson QC (instructed by Thomas Eggar LLP) for claimant. Nicholas Dowding QC & Elizabeth Fitzgerald (instructed by Shulmans

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Read All
NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
Copyright © 2026 LexisNexis
back-to-top-scroll