Welcome to the thirty-sixth edition of Clyde &
Co's (Re)insurance and litigation caselaw weekly updates for
2014
A summary of recent developments in insurance, reinsurance and
litigation law.
This week's caselaw
Coward v Phaestos
A case on Calderbank offers and whether an offer must
be beaten in monetary terms.
Calderbank offers and whether
an offer must be beaten in monetary terms.
http://www.bailii.org/ew/cases/EWCA/Civ/2014/1256.html
After the claimant lost at trial, he argued that costs should
not be awarded against him because the defendant had recovered no
more than it would have done had it accepted the claimant's
earlier Calderbank offer. The judge at first instance held
that the defendant had done significantly better at trial and the
Court of Appeal agreed with that decision. In reaching that
conclusion, it also held that although the Calderbank
offer was in terms which were capable of acceptance, so as to give
rise to a contract, the judge
