London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others

Subject Matter

COSTS — Discretion of court — Offer of settlement — Landlord making offer to defendant to settle part of its claim — Landlord subsequently obtaining judgment at least as advantageous as proposal contained in offer — Court required to impose costs penalties on defendant including indemnity costs — Whether penalties applicable to entirety of judgment sum and landlord’s costs or only to part in respect of which settlement offer made — CPR r 36.17(4)

[2021] EWHC 3103 (Ch); [2021] 4 WLR 143; [2021] WLR(D) 589, Ch D