THANKS FOR THE £500,000. NOW WHERE’S THE EXTRA £50,000 YOU OWE ME? KNOWING THE RISKS AND ADVANTAGES FOR THE CLAIMANT IN THE NEW PART 36

June 27, 2013 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Part 36

The new provisions when a claimant beats their own Part 36 provide challenges (including potential negligence claims) for the claimant lawyer.

A claimant who beats their own Part 36 offer at trial now obtains considerable benefit. CPR 36.13(3) states that where a claimant at trial obtains “judg...

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Tags: Claimant, costs, Damages, Part 36, Professional Negligence

2 Responses

BG · August 16, 2013 at 09:24:37 · →

Any thoughts on 10% uplift where the Claimant’s offer is in respect of liability. Thinking of a Jolly type case: 95% offer, win at trial and receive 104.5%??
Interesting to see how this might affect negotiations if a later Def quantum offer arrives too.
gexall · August 16, 2013 at 09:40:14 · →

I think the 10% additional damages applies. CPR 36.14 1(b) deals with a situation where “judgment against the defendant is at least as advantageous to the claimant as proposals contained in a claimant’s Part 36 offer”.

If a claimant beats its own offer on liability then it has obtained a more advantageous offer and the new rules (10% extra damages etc) comes into effect. The extra 10% may have to be assessed at a later date if the trial is on liability.