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Bit confused about Calderbank offers

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  • Bit confused about Calderbank offers

    So I had a Small Claims hearing against a company last week. The company was told to pay my claim in full.

    I brought up my rejected Calderbank offer to them, in which I offered to settle the claim for half the total.

    Asked the Judge to award my costs i.e. missing earnings for preparing for and attending the hearing. He didn't though. Said it had to be unreasonable conduct in order to be considered and the Defendant was not unreasonable.

    I thought that turning down a Calderbank offer and then getting off worse at trial automatically entitled me to costs such as missing earnings?

    So, confused.
    Tags: None

  • #2
    there are no strict costs consequences.following a Calderbank offer.
    All cost awards are at the discretion of the court, and in the small claims these may be awarded following unreasonable behaviour

    Comment


    • #3
      Originally posted by JuneWonder View Post
      So I had a Small Claims hearing against a company last week. The company was told to pay my claim in full.

      I brought up my rejected Calderbank offer to them, in which I offered to settle the claim for half the total.

      Asked the Judge to award my costs i.e. missing earnings for preparing for and attending the hearing. He didn't though. Said it had to be unreasonable conduct in order to be considered and the Defendant was not unreasonable.

      I thought that turning down a Calderbank offer and then getting off worse at trial automatically entitled me to costs such as missing earnings?

      So, confused.
      Short answer, no it doesnt

      Longer Answer, the Judge is corrrect. Calberbank offers dont carry any automatic costs sanctions in small claims especially, rejecting a calderbank offer can lead to a ruling of unreasonable conduct if therre are other issues too but in general to get within CPR 27.14(2)(g) is a very tricky hurdle to overcome
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment

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