The claimant, Corenso (UK) Limited supplied the defendant ("Burnden") with coreboard from its French factory. Burnden received a number of complaints from its customers about the quality of the coreboard, which led to them making a complaint to Corenso in September 2000. Corenso's solicitors responded to the complaint, and proceedings were issued by Corenso in February 2001. Burnden made a Part 36 offer by way of payment into court in March 2001 of £64,000 and increased this to £90,000 shortly before trial. As there were less than 21 days to go until trial, the claimant had to obtain the permission of the court to accept the Part 36 offer and in so doing had to seek an order from the court as to costs. Burnden had made offers to attempt to resolve the dispute by mediation during correspondence that preceded its Part 36 offer, which was eventually accepted.

*Full case details
Corenso (UK) Limited vs Burnden Group Limited, 1 July 2003, Queens Bench Division, High Court, Judgment of His Honour Judge Reid QC
Burnden submitted that Corenso should be liable for its own and some of Burnden's costs because of its refusal to attempt mediation, while Corenso maintained that it had substantially succeeded in the action, which had included a £300,000 counterclaim by Burnden, and that it should therefore have its costs up to the date of its acceptance of the Part 36 offer in the usual way.