The Weekly Law Reports
[2013] 1 WLR 1464
Chancery Division
*The Procter & Gamble Co
v
Svenska Cellulosa AB SCA and another
[2012] EWHC 2839 (Ch)
2012 July 13;
Oct 23
Hildyard J
Costs— Discretion of court— Offer of settlement— Claimant seeking declaratory and negative relief so as to negate or restrict liability to defendant— Claimant purporting to make Part 36 offer but not asserting entitlement to costs if offer accepted— Defendants not accepting offer— Following trial both parties claiming to be successful party— Proper approach to identifying successful party for purposes of general rule as to liability for costs— Whether claimant’s offer compliant with Part 36 despite not making acceptance conditional on payment of costs— Costs sanctions under Part 36 varying depending on whether offer made by claimant or defendant— Whether in circumstances unjust to treat offer as claimant offer—
CPR
rr 36.2(2), 36.14(3)
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