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
Sponsored by
Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
Read All
NLJ this week: Property cases reshape established principles
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
NLJ this week: Stress ruling raises the bar for employers
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
NLJ this week: Can Manchesterism revive access to justice?
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
NLJ this week: Constitutional conventions tested as power changes hands
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
NLJ this week: Lawyers must become product designers
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
Copyright © 2026 LexisNexis
back-to-top-scroll