6th January 2016
Simon Browne QC successful as Court of Appeal upholds Part 36 Costs Order in Yentob v Mirror Group
Simon Browne QC successfully upheld the Part 36 costs order in favour of Alan Yentob in the Court of Appeal. Mr Justice Mann had made no order for costs after Mr Yentob was awarded £85,000 but failed to beat Mirror Group’s Part 36 offer. The justice of the case demanded that Mr Yentob was not to be penalised in costs.
The Court of Appeal considered the trial judge’s conclusion that the claimant’s failure to beat the defendant’s Part 36 offer nonetheless prevented the award of the usual adverse Part 36 costs consequences under CPR 36.17(3), with the result that he ordered ‘no order as to costs’. The judgment recognised that a reasonable rejection of a favourable Part 36 offer is not sufficient to evade those costs consequences-some further, implicit unjustness is required. In considering this the court is required to take into account all of the circumstances, which can include the terms and circumstances of the offer itself and, on the specific facts of this case, the likelihood of the defendant’s willingness to make a joint statement in open court under CPR 53