000			01576cab a2200229 4500
001			##L134379
008			060801n2006 000 0 eng u
035			_a(Sirsi) u134379
041	0		_aeng
100	1		_aGold, Elliot
245	0	4	_aThe Calderbank effect
260			_c2006
490		0	_aNew Law Journal _v156(7234) 21 July 2006, 1156-1157(2)
520			_aLooks at how the decision in "Codent Ltd v Lyson Ltd" ([2005] EWCA Civ 1835, unreported) provides further clarification as to when a Calderbank offer ought to attract the same costs protection as a payment into court. In the above case, CA held that L's offer of settlement had been expressed in clear terms, was genuine, and had been backed by insurance; the acceptance period had been very short, but that was not the reason C rejected the offer. In the circumstances, L should have been awarded costs from the first day of trial. It is now clear that offers of settlement made at any time prior to trial must be given serious consideration; such offers will not automatically enjoy the cost protection that attaches to a payment into court, but provided the court considers them to be a genuine attempt to settle, and they substantially meet the criteria outlined above, it is likely that they will do so.
590			_aIKA010806
650	2	4	_aCALDERBANK LETTERS
650	2	4	_aCODENT LTD V LYSON LTD
650	2	4	_aCIVIL PROCEDURE RULES PART 36
651		4	_aEngland and Wales _y1543-
690			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
942			_n0
999			_c77494 _d77494