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

Farag v Commissioner of Police of the Metropolis, Court of Appeal, 15 December 2005

6 January 2006
The issues

Costs – Part 36 Offers – Offers to Settle – Trustees of Stokes Pension Fund v Western Power Distribution

The facts

The Claimant started an action for wrongful arrests and false imprisonment. The Defendant had made an offer to settle in 1997. The offer was withdrawn 2 years before the Trial. The Claimant succeeded to a limited extent at Trial and the Defendant was ordered to pay his costs. The Defendant appealed on the basis that an offer had been made which the Judge should have taken into account when making his costs order.

The decision

The offer had been made prior to the introduction of the CPR. The Court was however entitled to have regard to the offer at the time of Trial and after the coming into force of the CPR.

Following Trustees v Stokes Pension Fund an offer by letter in appropriate circumstances could be treated as a Part 36 Offer.

The fact that it was withdrawn did not deprive the offer of effect.

The Judge had failed to exercise its discretion appropriately in refusing to consider the offer. Costs order would be substituted with no order for costs.

Appeal allowed.

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.

View

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.

View

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.

View

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.

View

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