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Reliance on term of "without prejudice" offer waived privilege in rest of offer
In considering costs issues following judgment in a complex patent action, the High Court had to determine whether it was appropriate for …
Failure to comply with pre-action protocol justified departure from usual Part 36 costs consequences
The High Court has held that a defendant who accepted a Part 36 offer almost a year late should be awarded its costs for the period of delay, reversing …
Part 36 offers in context of counterclaims and negative declarations
A recent High Court judgment highlights the scope for confusion in applying Part 36 in a case where the formal roles of claimant and defendant do …
Costs awarded against claimant who failed to beat non-Part 36 offer
A recent High Court decision illustrates that a defendant's offer to settle made outside the Part 36 regime may lead to a similar result as a Part 36 …
Indemnity costs against defendant who failed to accept Part 36 offer that was withdrawn before trial
A recent decision illustrates that the court may award indemnity costs to penalise unreasonable behaviour, including an unreasonable failure to accept a …
Part 36 offers will trump "qualified one-way costs shifting" in personal injury claims
The government has clarified certain aspects of its plans for qualified one-way costs shifting (QOCS), which will apply for …
Part 36 offers: extra 10% of damages for claimants' offers to be tapered off for higher value claims
The government announced on Tuesday (10 July) that the planned additional sanction to reward claimants' Part 36 offers will be subject to a tapering …
Part 36: difficulties in split trials
A recent High Court decision has highlighted difficulties arising from the application of Part 36 in the context of split trials, or trials of …
Costs consequences of settlement offers made outside Part 36
The Court of Appeal has held that the court was not entitled to apply the Part 36 costs consequences "by analogy" to award indemnity costs and enhanced …
Party in breach of "unless" order due to strict application of deemed service provisions
The High Court has held that a party was in breach of an "unless" order requiring service of a disclosure list by a particular date, despite the …
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