Description
It would not be unjust to award the offeror all of its costs because had the offer been accepted no further costs would have been incurred thereafter. The fact that an offer had been withdrawn did not necessarily deprive the offer of effect on the question of costs. In such a case the defendant should have accepted the offer when it was available and having failed to do so should have appreciated the costs risk and taken protective steps by making a realistic Part 36 offer. However, depending upon the circumstances of the case the withdrawal of an offer might have a real effect on the appropriate order as to costs. The offer ought to have been accepted within the period of 21 days after it had been made. The offer was not accepted for over 16 months. The fact that it was withdrawn two months before trial did not make it unjust to order that the offeror should get all of their costs from 21 days after the offer was made.
