THE OWNERS AND/OR BAREBOAT CHARTERERS AND/OR SUB BAREBOAT CHARTERERS OF THE SHIP SAMCO EUROPE V THE OWNERS OF THE SHIP MSC PRESTIGE

[2011] EWHC 1656 (Admlty), Queen's Bench Division, Admiralty Court, Mr Justice Teare, 30 June 2011

Admiralty - Costs - Part 36 offer - Offer withdrawn before hearing - Whether costs to be awarded to offeror - CPR Part 36 and 61.4(10) to (12)

In a collision case, liability had been apportioned between the vessels 60:40 (see Lloyd's Law Reporter 189). Samco Europe sought costs from MSC Prestige after 1 October 2009 because shortly before that date they had offered to settle at 60:40. The other vessel argued that that offer had been withdrawn on 4 February 2011, on which date a second offer more favourable to Samco Europe had been made. There was Court of Appeal authority for both parties' positions in The Toni [1974] 1 Lloyd's Rep 489 and Bristol and West Building Society v Evans Bullock, 5 February 1996, unreported, respectively.