Effect of claimant’s offer

Neave v Neave (CA LSG 10 April)

The claimant commenced proceedings against her son seeking the return of nine vintage vehicles which had been owned by her late husband. Before commencing proceedings, her solicitors wrote twice to the defendant’s solicitors offering to settle her claim if the defendant returned five of the nine vehicles, but the defendant rejected the offer. After a lengthy trial, the claimant recovered judgment for the return of six vehicles and £3,000 in damages for conversion. The judge awarded her only one-third of her costs on the standard basis on the grounds that the action should never have been commenced.