25.02.2009Roach & Ors v Home Office  EWHC 312 (QB)
Key issues: High Court, incidental to the proceedings, Inquests
This case was concerned with whether costs relating to an inquest could be claimed as costs of a related set of civil proceedings.
On appeal it was held that s. 51(1)–(2) Senior Courts Act 1981 and para. 4.6(10) Costs Practice Direction (which states “… of or incidental to the proceedings”) allow such costs to be claimed.
20.02.2009Fitzpatrick Contractors Ltd. v Tyco Fire & Integrated Solutions (UK) Ltd.  EWHC 274 (TCC)
Key issues: High Court, Indemnity Basis, Part 36 offer
In the main action, the Claimant made a Part 36 offer of £10.25 million and the Defendant accepted it almost a year after it had expired, and 3 months before Trial.
The Claimant took the view that Indemnity costs should be awarded, based on the Defendant’s conduct; their late acceptance of the offer and by analogy to CPR 36.14 on the grounds that it a Trial had taken place £10.25 million would have been awarded and Indemnity costs would apply as a result.
The Claimant’s arguments were rejected because the CPR did not refer to late acceptance of an offer as being a reason to award Indemnity costs and it was held that the Defendant’s conduct did not justify Indemnity costs being awarded.
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