Chancery Division
*The Procter & Gamble Co
v
Svenska Cellulosa AB SCA and another
[2012] EWHC 2839 (Ch)
2012 July 13;
Oct 23
Hildyard J
CostsDiscretion of courtOffer of settlementClaimant seeking declaratory and negative relief so as to negate or restrict liability to defendantClaimant purporting to make Part 36 offer but not asserting entitlement to costs if offer acceptedDefendants not accepting offerFollowing trial both parties claiming to be successful partyProper approach to identifying successful party for purposes of general rule as to liability for costsWhether claimant’s offer compliant with Part 36 despite not making acceptance conditional on payment of costsCosts sanctions under Part 36 varying depending on whether offer made by claimant or defendantWhether in circumstances unjust to treat offer as claimant offer CPR rr 36.2(2), 36.14(3)
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