July
Articles matching "part 36"
Part 36 consequences for beating offer by small margin in costs assessment
In JLE v Warrington & Halton Hospitals NHS Foundation Trust, on appeal, the court has determined that a Master in the Senior Courts Costs Office was wrong to not allow a claimant the 10%…
Read moreWhat is "a claim" for the purpose of Part 36? Court of Appeal rejects liberal interpretation
David Brown takes a look at the recent decision in Hertel v Saunders (2018) in which the Court of Appeal was asked to consider, once again, the scope of CPR Part 36, in particular the meaning of "the…
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Court of Appeal and fixed costs: claimants not entitled to indemnity costs where defendants accept Part 36 offer out of time
After years of conflicting decisions we now have authoritative guidance from the Court of Appeal as to the applicable costs consequences when a defendant accepts a Part 36 offer out of time where the…
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High tension
The past few years have seen some tension between CPR Part 36 and CPR Part 45, and judges (and sometimes the same judge) have come to different views on which section wins. Will Balfry takes a look at…
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Part 36 Developments
A look at recent cases on, escaping the usual costs consequences and what constitutes a genuine attempt to settle
Read moreIndemnity costs do not follow late acceptance of a Part 36 offer
Since the decision in Broadhurst v Tan (2016) Claimant solicitors have been trying to persuade courts that there should be a penalty for accepting a Part 36 offer late. In McKeown & Anor v Venton…
Read morePart 36 offer for defendant to accept 95%: was this a genuine attempt to settle?
The issue of whether a Part 36 offer is a “genuine attempt to settle the claim” is not new. The Civil Procedure Rules Committee recognised its importance by including it in the 2015 amendments to Part…
Read morePart 36 offers and recoverable benefits: when is judgment more advantageous?
Andrew Cousins examines the recent Court of Appeal decision in Crooks v Hendricks Lovell Limited (2016) on whether a claimant who successfully reviewed a Certificate of Recoverable Benefits after…
Read morePart 36 offers: whether genuine attempt to settle
When Part 36 was reformed in April, one of the amendments was aimed at addressing “cynical Part 36 offers”. The court always had to consider a number of factors when deciding whether it is unjust to…
Read moreSurveillance evidence guidance for costs budgets & Part 36 costs consequences
Andrew Cousins reviews the recent High Court decision in Purser v Hibbs & Anr (2015) which raises two interesting issues following a discovery of dishonest exaggeration through the use of…
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