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

Crosbie v Stephen Munroe, Court of Appeal, 14 March 2003

10 September 2003
The issues

Costs – costs only proceedings – the effect of offer to settle costs.

The facts

The Claimant was involved in a road traffic accident, which settled on the 8th January 2001 for £1,500.00 before proceedings were issued. On the 25th January 2001, a Bill of Costs was served totalling £4,089.25. On 16th January 2002, the Defendants made an offer under CPR 47.19 offering “an all-inclusive sum of £2,650,00 in respect of your profit costs, disbursements, VAT and interest. On 5th February 2002, an offer was made in the Part 8 Proceedings for Detailed Assessment. The following day, the Claimant’s Solicitors wrote to accept the offer but stated, “the only outstanding issue was the costs of the Part 8 Proceedings, details of which we will let you have shortly. The Defendant’s Solicitors argued that the Part 47 Offer covered all proceedings, including the Part 8 Proceedings (whilst at the same time making a counter offer in respect of those costs). The matter came before the District Judge who agreed with the Defendant, holding that the correspondence indicated a conclusive final and total offer to settle the matter and disallowing any costs of the Detailed Assessment proceedings. The Claimant appealed to the Judge, who upheld the decision of the District Judge. The Claimant appealed to the Court of Appeal.

The decision

1. Until the time the substantive claim is settled proceedings relate to liability and the amount of any compensation.

2. After the substantive claim is settled proceedings relate to the assessment of the costs the paying party has to pay.

3. Thus “costs of the proceedings within the meaning of CPR 47.19 relate only to the costs leading up to the disposal of the substantive claim. They are the proceedings which gave rise to the Assessment Proceedings. The Assessment Proceedings cover the whole period of negotiations about the amount of costs payable through the Part 8 Proceedings to the ultimate disposal of those proceedings, whether by agreement or Court Order.

Appeal allowed

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.


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.


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