PART 36: NORMAL CONSEQUENCES OF FAILING TO BEAT OFFER MADE – REGARDLESS OF FINDINGS OF MISCONDUCT IN THE CONDUCT OF THE LITIGATION

In ABFA Commodities Trading Ltd v Petraco Oil Company SA (Re Consequential Matters) [2024] EWHC 706 (Comm) Mr Justice Foxton found that the normal Part 36 consequences should follow when a party (the effective claimant in the action) had beaten its own Part 36 offer.  The fact that there had been mi...