PART 36 CONSEQUENCES APPLY (IN PART) WHEN CLAIMANT MAKES AN OFFER OF A 0.3% DISCOUNT
In Rawbank SA v Travelex Banknotes Ltd [2020] EWHC 1619 (Ch) Mr Justice Zacaroli ordered that some of the consequences of Part 36 should apply when a claimant made an offer to settle a debt for a slightly reduced figure. …
NO ISSUE BASED COSTS ORDER AND PART 36 BENEFITS APPLIED WHEN CLAIMANT BEAT HIS OWN PART 36 OFFER: HIGH COURT DECISION TODAY
In Scales v Motor Insurers’ Bureau [2020] EWHC 1749 (QB) Mr Justice Cavangh rejected the defendant’s submission that there should be an issue based costs order and awarded a claimant the usual Part 36 benefits when he beat his own…
MISTAKES IN THE PORTAL: “ROUGH JUSTICE” AND ERRORS IN OFFERS: CLAIMANT’S CLAIM STRUCK OUT AS AN ABUSE OF PROCESS
I am grateful to barrister Matthew Turner for bringing my attention to his report of the case of Mahoney v Royal Mail (DDJ Doman, Truro CC, 26/05/20) it is another example of mistakes being made in offers. In this case…
ACCEPTING AN OFFER DURING A HEARING: CONTRACTUAL PRINCIPLES, NOT PART 36, APPLY: OFFER DID NOT LAPSE AT THE DOOR OF THE COURT
Offers of settlement can, and often are, made outside the ambit of Part 36. In MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB) Mr Justice Morris considered issues relating to late acceptance of offers. The case shows…
COVID REPEATS 25: COSTS WHEN A CLAIMANT RECEIVES NOMINAL DAMAGES: YOU’VE TURNED DOWN £1.5 MILLION, RECEIVED £2 & NOW HAVE TO FACE THE CONSEQUENCES
Failing to beat a Part 36 offer is always painful. Failing to beat an offer of £1.5 million and receiving £2 is, most probably, even more painful. Here we look at the second part of the case discussed yesterday. In Marathon…
CLAIMANT BEATS OWN PART 36 OFFER: DEFENDANT ORDERED TO PAY INDEMNITY COSTS FOR AN EXTENDED PERIOD BECAUSE OF ITS CONDUCT
I am grateful to Sam Hayman from Bolt Burdon Kemp for drawing my attention to the decision today of Mr Justice Griffiths in DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB). The defendant was ordered to pay indemnity…
INDEMNITY COSTS ON THE GROUNDS OF CONDUCT: FAILURE TO BEAT A DEFENDANT’S PART 36 OFFER: A GARDEN THAT GETS MORE AND MORE EXPENSIVE…
The Court of Appeal decision in Lejonvarn v Burgess & Anor [2020] EWCA Civ 114 is the second time this case, about a garden, has been on appeal. On this occasion the Court of Appeal held that the claimants’ conduct…
PART 36, FATAL ACCIDENT CLAIMS AND PRE-ACTION SETTLEMENT: A POINT FOR BOTH CLAIMANTS AND DEFENDANTS TO WATCH
The judgment of Mr Justice Turner in Kore v Brocklebank [2019] EWHC 3491 (QB) raises some interesting issues in relation to Part 36 and fatal accident claims. It means that both claimants and defendants will have to take considerable care…
INTEREST ON PART 36 OFFERS: COURT OF APPEAL DECISION TODAY: “THE LAW REPORTS ARE OVER-FULL OF CASES IN WHICH PARTIES MADE OFFERS OUTSIDE THE SCOPE OF PART 36 AND THEN UNSUCCESSFULLY SOUGHT TO OBTAIN THE PART 36 BENEFITS LATER”
In King -v- City of London Corporation [2019] EWCA Civ 2266 the Court of Appeal set out the position in relation to whether an offer exclusive of interest can be made. I am grateful to Matthew Hoe from Taylor Rose…
2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: PART 36: THE GROWTH IN CLAIMANT’S PART 36 OFFERS – AND WHY THE CONSEQUENCES USUALLY APPLY
Looking back it is clear that this has been a very busy year for cases on Part 36. Part of the reason for this has been the growth in cases relating to claimant’s offers. There are a number of key…
CORRECT INTEREST RATE ON COSTS WHEN CLAIMANT BEATS THEIR OWN PART 36 OFFER: TRIAL JUDGE WAS ENTITLED TO AWARD 10% OVER BASE
There are several interesting aspects of the judgment of Mr Justice Saini in Essex County Council & Ors v Davies & Ors [2019] EWHC 3443. Here I want to look at the part of the judgment that deals with the…
PART 36: A SUCCESSFUL LITIGANT CAN BE BULLISH: CLAIMANT BEATS ITS OWN PART 36 OFFER AND THERE WAS NOTHING UNJUST IN THE DEFENDANT PAYING THE PRICE
In Kivells Ltd v Torridge District Council [2019] EWHC 3210 (TCC) the claimant beat its own Part 36 offer (by a fair margin). HHJ Russen QC rejected the defendant’s argument that it would be unjust to apply the normal Part…
FIXED COSTS NOT OVERTURNED BY THE TERMS OF AN AMBIGUOUS PART 36 OFFER: COURT OF APPEAL DECISION TODAY
In the judgment today in Ho v Adelekun [2019] EWCA Civ 1988 the Court of Appeal held that fixed costs still applied to a case where an offer of settlement did not expressly refer to costs being fixed. “…parties who…
CLAIMANT BEATS ITS OWN PART 36 OFFER: DEFENDANT PAYS THE PRICE: OFFER BEATEN BY £4,800 LEADS TO DEFENDANT PAYING AN ADDITIONAL £65,000 – & INDEMNITY COSTS, & ADDITIONAL INTEREST…
In Hochtief (UK) Construction Ltd & Anor v Atkins Ltd [2019] EWHC 3028 (TCC) Mrs Justice O’Farrell considered the consequences of a claimant being its own Part 36 offer. The claimant beat its own offer by a small amount but…
CLAIMANT’S LATE ACCEPTANCE OF PART 36 OFFER: UNCERTAINTY OF FUTURE OUTCOME NOT GROUNDS FOR MAKING A DIFFERENT COSTS ORDER
The judgment of Mrs Justice Lambert in Campbell -v- Ministry of Defence [2019] EWHC 2121 (QB) emphasises the difficulties for a claimant who has accepted a Part 36 offer late. The claimant had to bear the usual costs consequences and…
DEFECTIVE PART 36 OFFER MEANT CLAIMANT DID NOT OBTAIN PART 36 BENEFITS: WHY CLAIMANTS SHOULD DRAFT THEIR PART 36 OFFERS CAREFULLY
I am grateful to Simon Fisher from DWF costs for sending me a copy of the decision of District Judge Osborne in Flanagan -v- Royal & Sun Alliance Insurance PLC (16th May 2019). A copy of that case is available…
COURT HAS JURISDICTION TO MAKE AN INTERIM ORDER AS TO COSTS AFTER CLAIMANT HAS ACCEPTED A PART 36 OFFER: COURT OF APPEAL DECISION TODAY
In Global Assets Advisory Services Ltd & Anor v Grandlane Developments Ltd & Ors [2019] EWCA Civ 1764 the Court of Appeal confirmed that the court can make an interim order for costs after a claimant has accepted a Part…
QOCS IN “MIXED “CASES: THE COURT OF APPEAL SPEAKS
In the judgment today in Brown v Commissioner of Police of the Metropolis & Anor [2019] EWCA Civ 1724 the Court of Appeal considered the issue of QOCS in “mixed cases”. The judgment requires careful reading. Generally speaking all personal…
DE MINIMIS BREACH OF RULES DID NOT LEAD TO PART 36 OFFER BEING INVALID
In Momonakaya v the Ministry of Defence [2019] EWHC 480 (QB) HHJ Blair QC considered whether a claimant had properly accepted a Part 36 offer. It was held that an offer that breached the rules in a de minimis way was…
AN OFFER TO SETTLE FOR NO DAMAGES CAN STILL BE A VALID PART 36 OFFER: APPEAL AGAINST NO ORDER FOR COSTS ALLOWED (IN PART)
In MR v Commissioner of Police for the Metropolis [2019] EWHC 1970 (QB) Mrs Justice McGowan allowed an appeal as to costs in a issue relating to Part 36. She held that the trial judge had erred in making no…