IT WAS NOT “UNJUST” FOR THE NORMAL PART 36 CONSEQUENCES TO APPLY: THE EXISTENCE OF A MAIN CLAIM (WHICH DID NOT SUCCEED) COULD NOT ASSIST THE DEFENDANT

In  South Bank Hotel Management Company Ltd v Galliard Hotels Ltd & Ors [2024] EWHC 3544 (Ch) Mr Justice Richards considered the arguments as whether it was "unjust" for the normal provisions of a Part 36 offer to apply.  He held that the existence of a counterclaim and the desire to maintain a ...