← All Authorities
United Kingdom Leading Case part 36 and calderbankwithout prejudice

Calderbank v Calderbank

[1975] 3 All ER 333
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal
Year1975
StatusBinding authority

Summary

Established that without-prejudice-save-as-to-costs offers (Calderbank offers) may be shown to the court solely on the question of costs after judgment.

Key Principle

without prejudice save as to costs offers; predecessor to Part 36

Area of Law

Procedure, Sanctions and Costs

Related Cases

Ilott v The Blue Cross [2017] UKSC 17

Adult estranged child's claim under Inheritance (Provision for Family and Dependants) Act 1975 does not automatically entitle her to full financial needs provision from mother's estate.

Denton v TH White Ltd [2014] EWCA Civ 906

Relief from sanctions under CPR r.3.9 requires a three-stage test: assess seriousness of breach, reason for default, and all circumstances of the case.

Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537

Failure to file a costs budget on time results in deemed filing limited to court fees only, and relief from sanction requires good reason under the Denton/Mitchell test.

Ask CommonBench about this case

Get a detailed analysis of Calderbank v Calderbank and how it applies to your situation.

Explain Calderbank v Calderbank