Calderbank Offers Not To Be Equated To Part 36 In Split Trial Cases

It is well-established that the existence of a Part 36 Offer in the case of a split hearing displaces the normal presumption that costs will be awarded at the end of the first stage. Instead, in such cases, the normal position is that, save in exceptional circumstances, costs would be reserved.

But what is the position where a Calderbank offer has been made, and the judge is told of its existence? Is the judge, in effect, bound to treat such an offer as equivalent to an offer under CPR 36 and defer a ruling on costs until the conclusion of all stages of the litigation?

MEF v St George's Healthcare NHS Trust [2020] EWHC 1300 (QB)

Does A Calderbank Offer Expire At The Door Of The Court?

In the course of costs negotiations following settlement of liability in this clinical negligence claim the Defendant made a number of Calderbank offers, the last of which being for the sum of £440,000 on condition that if not accepted within a reasonable time, the Claimant would be responsible for the Defendant’s costs.