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?

CPR 36.17(5)

CPR 36.17(5) | Costs Following Trial On Liability And The Effect Of An Extant Part 36 Offer

Does the existence of a genuine offer prevent the Court from dealing with the costs of a liability trial prior to quantum being determined even when the “losing” party’s conduct has been egregious?