11.06.2015Ghura; Ghura; Singh; Chan Casuals Ltd.; Boi Trading Company Ltd. v Dalal; Dalal; Blackburn Clothing Company Ltd.  EWHC 1685 (Ch)
Key areas: both parties win some issues; without prejudice offer; High Court
This was a ruling on costs issues arising from a main action involving a claim and a separate counter-claim. The Defendants won the claim, but lost the counter-claim.
The Court held that on the facts, the claim and counter-claim should be dealt with separately, instead of one being off-set from the other, because the claim was much more significant.
The Claimants submitted that they should not have to pay all of the costs of the claim because they made an offer that the Defendants didn’t beat. However, the offer was stated as being a “without prejudice offer”, “subject to contract” with the “detail to be negotiated and agreed”.
The Court that the offer was not an “admissible offer” because it could not be accepted, but it was a “realistic proposal”.
As a result, the Claimants were ordered to pay 30% of the costs of the claim, and 65% of the costs that were common to the claim and counter-claim.
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