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Gaynor v Blackpool Football Club Limited, Oldham County Court

7 June 2002
The issues

Indemnity costs – Part 36 Offer – Civil Procedure Rules Part 44

The facts

Claimant succeeded at trial with no finding of contributory negligence. Claimant had made 2 Part 36 Offers, the first to accept 100% liability on the part of the Defendant and the second 75% liability on the part of the Defendant. The Claimant sought indemnity costs under Part 36 failing which indemnity costs under Part 44 on the basis it was unreasonable for the Defendant to continue to defend the action.

The decision

1. Claimant had not succeeded in beating its first 100% offer. He had not achieved a Judgment which was for more than or more advantageous to him than that offer.

2. He was not entitled to rely under Part 36 until expiry of the period for acceptance of the second offer.

3. This was a case where competing cases rested on conflicting evidence. That those issues would be resolved in favour of the Claimant was not inevitable. This was not a case where indemnity costs under Part 44 were appropriate.

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