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Court of Appeal finds Part 36 precludes split costs order unless full costs recovery would be unjust
The Court of Appeal has overturned an order depriving a claimant of part of her costs where she had beaten her own Part 36 offer: Webb v Liverpool …
Recent decisions highlight potential disadvantages of making offers outside Part 36
In two recent decisions, the courts have refused to treat offers which fell outside the Part 36 regime as favourably as a Part 36 offer. In Patience v …
High Court gives effect to claimant's Part 36 offer for 95% of claim value
The High Court has awarded a claimant indemnity costs where the defendant conceded liability shortly before a split trial, having previously refused …
Part 36 offers: Court of Appeal re-buries "near miss" rule
The Court of Appeal has overturned a first instance decision which had ordered the claimants to pay the defendant's costs for the period following the …
High Court held offer not valid under Part 36 where it related to proposed claim by amendment
The High Court has held that an offer to settle was not a valid Part 36 offer since it related only to a claim put forward in draft amended …
The dangers of time-limited Part 36 offers
A recent High Court decision suggests that a claimant's Part 36 offer to settle may have little benefit unless it is kept on the table until the …
Part 36 costs sanctions delayed until defendant had information needed to assess quantum
In a recent case where the claimant beat its Part 36 offer to settle, the High Court held that it would be unjust to apply the Part 36 costs …
Think twice before withdrawing a Part 36 offer
A recent High Court decision illustrates the drawbacks of withdrawing a Part 36 offer to settle, namely the potential loss of some or all of …
Significant changes to CPR Part 36 from April 2015
CPR Part 36 contains a set of rules aimed at encouraging parties to settle their disputes. It does this by imposing sanctions where a party …
Court of Appeal confirms time for claiming contribution to damages runs from acceptance of Part 36 offer
The Court of Appeal has held that, where a claim was settled by acceptance of a Part 36 offer, the defendant's two-year limitation period for bringing a …
Court of Appeal decision recognises practical limitations on use of Part 36 offers where claim is exaggerated
The Court of Appeal has overturned an order that a party which exaggerated its claim should recover its costs on an indemnity basis because it had …
Court of Appeal decision on Part 36 offers to settle
The Court of Appeal has dismissed an appeal against a split costs order awarding costs to the claimant for certain periods and the defendant for certain …
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