Refusal of Part 36 offer

I N Newmans Ltd v Richard T Adlem [2004] EWHC 1563 (Ch) (Patents Court)

The claimant objected to the use of the defendant’s own name in its trading name, alleging that this resulted in passing off the defendant as the claimant. The claimant’s without prejudice offers and offers under CPR Part 36 were refused and accordingly the claimant commenced proceedings. It lost. However under CPR rule 44.3 the Court took into account that the rejection of the claimant’s offers was not reasonable and that the defendant should have had a view to settlement. Accordingly, although the claimant had succeeded, it was ordered to pay one third of the defendant’s costs of the action.