Litigation Notes

Part 36 offers to settle: very high claimant offer did not bring costs benefits as not a genuine attempt to settle

Part 36 offer to settle "the whole of the claim" did not include claims set out in draft amended pleadings

A counterclaiming defendant can make a valid "claimant's" Part 36 offer

In a recent decision, the High Court has confirmed that a party can obtain the costs benefits of making a "claimant's" Part 36 offer in relation to its …

Part 36 offer given effect even though it was not validly served

In a recent decision the High Court has held that a Part 36 offer was valid despite the claimant having failed to serve it in accordance with CPR Part 6: …

Court of Appeal decision suggests a Part 36 offer can leave more to be resolved than a contractual offer

High Court finds accepted Part 36 Offer was superseded by subsequent settlement agreement 

The High Court has held that a settlement agreement was a binding agreement which superseded a previously accepted Part 36 Offer. The settlement …

High Court upholds order for Part 36 costs consequences following nominal damages award

The High Court has upheld an order for the claimants to obtain the favourable costs consequences under CPR Part 36, in a case where they had made a Part …

High Court finds it would be unjust to award claimant Part 36 costs consequences due to reliance on late evidence

In a recent judgment, the High Court held that it would be unjust to award a claimant the beneficial costs consequences under CPR Part 36, because the …

High Court finds existence of Part 36 offer prevents it from making costs order following split trial

In a recent judgment following a split trial, the High Court held that it could not make a costs award until the outcome on quantum was known, because …

High Court held it could determine costs where Part 36 offer accepted one day after expiry of relevant period, even though the offer contained a term as to costs

The High Court has found that a defendant who accepted a claimant’s Part 36 offer after the expiry of the relevant offer period could ask the court to …

Court of Appeal gives guidance on proper approach to enhanced awards where claimant beats its own Part 36 offer to settle

The Court of Appeal has held that a claimant who beat its own Part 36 offers was entitled to the full range of enhanced awards under CPR 36.17, rather …

Claimant’s offer construed to comply with CPR Part 36 despite error in specifying minimum 21-day “relevant period” for the offer

The High Court has construed a claimant’s offer as compliant with CPR Part 36 where it stated that the “relevant period” ran for 21 days from the date of …