Cases

Brown v Mcasso Music Productions Ltd

Comment

The Appellant avoided the injustice of having succeeded in a fast track trial only to be faced with a bill of £52,000. From a Defendant's perspective, this case serves as a reminder that in order for offers to have any effective consequences from a costs perspective they either have to comply with Part 36 or in order to be taken into account in the court's discretion, offers should comply with the criteria set out in The Trustee of Stokes Pension Fund v Western Power Distribution namely (1) the offer must be expressed in clear terms; (2) be expressed to be open for at least 21 days; (3) the offer should be genuine and not sham and (4) the Defendant also needs to be clearly good for the money at the time the offer was made.

Areas of work

Copyright
Intellectual Property

Also