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2001 - Practice Area: Litigation and Dispute Resolution
Demite Ltd v Peploe and others  EWCA Civ 106
Cited as an authority for a Judge being correct to look at a without prejudice offer made by a party, the circumstances surrounding the offer and the conduct of the parties when assessing whether costs should be payable.
In this case a Part 36 offer had been made which required the leave of the Court to be accepted. An order for costs on the claim but no order for costs on the counterclaim was the ultimate costs order made.