2020
Articles matching "part 36"
Offsetting the costs awarded on an interlocutory application against damages where settlement is reached by way of Part 36 offer
A defendant in a NIHL claim was entitled to set off monies from a Part 36 settlement in a claimant's favour against an interlocutory costs order in the defendant's favour under section 72 of the…
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Freebies for friends? Burgess v Lejonvarn revisited – Indemnity costs
The Court of Appeal allowed a defendant to recover costs on the indemnity basis in circumstances where reasonable claimants should have concluded that their claims were so speculative or weak that…
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Make sure your Part 36 offers are valid in detailed assessment proceedings: Follow this guidance as set out by the Court of Appeal
The Court of Appeal has confirmed that an offer which is made exclusive of interest cannot be a valid Part 36 offer: King v City of London Corporation [2019] EWCA Civ 2266. There have been a number of…
Read morePart 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…
Read morePart 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…
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