The High Court has held that a Calderbank offer relating to
costs could be accepted by the claimant part way through the
detailed assessment hearing. The decision starkly illustrates the
difference between a Calderbank offer and an offer pursuant to Part
36 of the Civil Procedure Rules.
It was held at first instance, that unlike a Part 36 offer, the
Defendant's Calderbank offer was capable of acceptance without
the permission of the Court, despite the hearing having started.
The Defendant appealed. However, the High Court upheld the first
instance decision, finding that it had been open to the Defendant
to withdraw the offer at any time, or place a time limit on
acceptance of the offer.
