PART 36: SHOULD THE NORMAL PART 36 CONSEQUENCES APPLY WHEN A CLAIMANT HAD, EFFECTIVELY, OFFERED “NIL” ON A COUNTERCLAIM (THAT FAILED)?

Here we are looking at some interesting arguments on Part 36 put forward by an, obviously disappointed, defendant.  The claimant had beaten its own Part 36 offer and defeated the defendant's counterclaim totally.  Nevertheless, the defendant argued, this was not a "valid" Part 36 offer because it ef...