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Defendant awarded its costs where claimant failed to beat withdrawn Part 36 offer, as the offer should have been accepted when it was on the table
In circumstances where a claimant failed to beat a defendant’s Part 36 offer, the High Court has granted the defendant a favourable costs order, very …
Part 36 offer to accept 0.3% less than total amount claimed constituted genuine offer to settle
A claimant’s offer to accept a sum which was just 0.3% less than the amount of the total claim constituted “a genuine attempt to settle the proceedings” …
Calderbank offer without express time limit could be accepted after hearing had started
The High Court has held that a “without prejudice save as to costs”, or Calderbank, offer to settle detailed assessment proceedings, which did not …
Court of Appeal decision highlights indemnity costs risk where claimant pursues speculative claims and unreasonably refuses Part 36 offer
In a recent judgment, overturning the High Court's decision, the Court of Appeal has ordered indemnity costs in favour of a successful defendant …
Court of Appeal confirms Part 36 offer cannot be made exclusive of interest
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 …
Court of Appeal confirms jurisdiction to award claimant interim payment on account of costs where Part 36 offer accepted within relevant period
The Court of Appeal has unanimously held that the court has jurisdiction to order an interim payment on account of costs pursuant to CPR 44.2 where a …
Margin by which party beat own Part 36 offer not relevant in determining costs consequences
The High Court has found that, where a claimant beat its own Part 36 offer by only a very small margin relative to the size of the claim, that was not a …
Court of Appeal finds offer relating to unpleaded counterclaim was valid under Part 36
The Court of Appeal has upheld a decision that a defendant's offer to accept £100,000 in settlement of both the claim and its unpleaded counterclaim was …
The perils of withdrawing Part 36 offers after trial (or any time)
The High Court has found that defendants who made a Part 36 offer, which the claimant failed to beat, should not be awarded any of their costs where the …
Court of Appeal confirms offer relating to proposed claim by amendment was not valid Part 36 offer
The Court of Appeal has upheld a High Court decision that an offer to settle was not valid under CPR Part 36 as it related only to a claim put forward …
Part 36 offers to settle: some lessons from recent decisions
This post discusses practical points arising from four recent decisions relating to Part 36 offers - though of course each case will turn on its facts …
Court of Appeal decision may mean higher awards of interest for claimants who make well-judged Part 36 offers
The Court of Appeal has held that a defendant should have been ordered to pay enhanced interest on both damages and costs at the maximum rate of 10% …
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