Practice

Costs claimant accepting payment into court in relation to part of claim not entitled to costs as of right since some issues outstandingClark Goldring & Page Ltd v ANC Ltd: ChD (John Martin QC sitting as a deputy High Court judge): 28 February 2001The claimant brought an action against the defendant.

The defendant made a payment into court, in accordance with CPR part 36, which was accepted by the claimant.

The payment in did not cover all the issues of the case and the claimant continued to litigate the remaining issues while also applying for its costs in respect of those issues compromised as a result of the acceptance of the payment in, claiming that it was entitled as of right to its costs under CPR rules 36.11(1) and 36.13.

Robert Hantusch (instructed by Bristows) for the claimant.

William Wood QC and Lawrence Akka (instructed by DLA, Sheffield) for the defendant.Held, refusing the application, that under rule 36.15, where a payment which related only to part of a claim was accepted under part 36, liability for costs should be decided by the court, unless the parties agreed costs; that, although there appeared to be some internal conflict between rules 36.13 and 36.15, the overall intention of the rules was that the court should have a discretion except where the payment in covered the whole of the proceedings and brought the proceedings to an end; and that, therefore, the claimant was not entitled as of right to its costs up to the date of acceptance of the payment in.