Case No. IP-2016-000050

Claimants’ February 2016 offer 52.The Claimants’ offer of 18 February 2016 was made before the start of these proceedings in response to a claim threatened by Ms Kogan. As was common ground, it has the status of a defendant’s Part 36 Offer. Pursuant to rule 36.17(3), unless it would be unjust to do so, I must order that the Claimants are entitled to all their costs, including pre-action costs, plus interest. It would not be unjust and I will make that order. The stage and overall caps are not raised. Claimants’ September 2017 offer 53.Mr Malynicz said that the Claimants’ offer made by a letter dated 19 September 2017 had been effective less than 21 days before the trial. Mr Weisselberg did not dispute this. Pursuant to rule 36.17(7)(c), rule 36.17(4) does not apply. 54.Mr Malynicz also argued that the only purpose of this offer was to put pressure on Ms Kogan and for that reason it should be discounted. I need not take this further. The offer has no practical effect. Part 20 Defendants’ offer 55.The Part 20 Defendants’ offer of 14 September 2017 means that they are entitled to their costs plus interest from 5 October 2017, unless I consider it unjust to make such an order. I do. This would include all the costs of the trial. I asked Mr Hill what potential conflict there could have been between his clients and the Claimants. He pointed to nothing which could reasonably have been seen by the Part 20 Defendants as a material potential conflict. Unsurprisingly, there was none as it turned out. The Part 20 Defendants were entitled to have their interests protected but that could have been done at trial just as effectively by the Claimants’ counsel. I was not told that the Claimants’ legal team would have objected. 56.Rule 36.17(3) says nothing about costs before the expiry of the relevant period. However the Part 20 Defendants have won. Using the Claimants’ counsel and possibly the Claimants’ legal team earlier than the trial would have led to further savings, but I think it is broadly just that I disallow the cost of the trial and judgment and allow everything else. 57.The Part 20 Defendants’ offer, being a defendant’s offer, did not have the effect of raising the stage or overall caps.