CLAIMANT'S LATE ACCEPTANCE OF A PART 36 OFFER DID NOT PERMIT DEFENDANT TO SET OFFCOSTS AGAINST DAMAGES: QOCS PRINCIPLES REIGN SUPREME

CLAIMANT’S LATE ACCEPTANCE OF A PART 36 OFFER DID NOT PERMIT DEFENDANT TO SET OFFCOSTS AGAINST DAMAGES: QOCS PRINCIPLES REIGN SUPREME

In  Chappell v Mrozek [2022] EWHC 3147 (KB) Master Stevens rejected the defendant’s argument that the defendant’s entitlement to costs, arising from late acceptance of a Part 36 offer,  could be enforced from the claimant’s damages.  The judgment examines the…

TIME FOR CHALLENGING SOLICITOR'S BILL HAD NOT PASSED: CLAIMANT'S APPEAL ALLOWED AND ASSESSMENT TO PROCEED

TIME FOR CHALLENGING SOLICITOR’S BILL HAD NOT PASSED: CLAIMANT’S APPEAL ALLOWED AND ASSESSMENT TO PROCEED

NB THIS DECISION WAS OVERTURNED ON APPEAL TO THE COURT OF APPEAL SEE Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 In  Menzies v Oakwood Solicitors Ltd [2022] EWHC 3199 (KB) Mr Justice Bourne allowed an appeal on the…

COST BITES 38: THE COSTS OF AN APPEAL SHOULD BE PAID BY THE LOSING PARTIES

COST BITES 38: THE COSTS OF AN APPEAL SHOULD BE PAID BY THE LOSING PARTIES

In Frasers Group Plc v The Official Receiver & Ors [2022] EWHC 3184 (Ch)  Sir Paul Morgan (sitting as a judge of the Chancery Division) held that the appropriate order, following a successful appeal, was for the respondents to the…