Summary Determination Of Costs Without A Trial

“D8 could have insisted on taking the matter to a trial on the issue of costs, yet when the Judge asked whether that would be required, D8, as with C, agreed to a summary determination of the position. Thus, the deprivation of a trial on the remaining issue of costs was caused proximately by D8 not demanding directions for a trial. That is not a criticism of D8’s position generally, but it is an answer to the narrow point that D8 was deprived of a trial as a result of the form of the offer.”