0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

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.

focus on...

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


Legal updates

Financial Services – ‘Duty of Care’ Bill: consumer protection or damp squib?

The Financial Services Duty of Care Bill (the “Bill”) was introduced into the House of Lords in October 2019 and had its second reading on 9 January 2020.


Legal updates

Noise-induced hearing loss claims – documentation and the expert engineer

Guest writer, Finch Consulting Senior Consultant Teli Chinelis applies his expertise in preparing engineering reports in relation to noise-induced hearing loss (NIHL) claims to explain information that is required from the claimant and information that is required and is advisable to be retained by employers, in order to ensure that claims can be fairly represented.


Legal updates

SRA Standards and Regulations November 2019

On Monday 25 November the 2011 SRA Handbook is replaced by the 2019 SRA Standards and Regulations (often referred to as STARS).This is the 26th version of the Code of Conduct for Solicitors.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up