PART 36: SHOULD THE COURT EXERCISE ITS DISCRETION SO THAT THE NORMAL PART 36 PROVISIONS DO NOT APPLY? THE HIGH COURT CONSIDERS THE “FORMIDABLE OBSTACLE”…

Here we have a case where the court considered the defendant's argument that the normal provisions of Part 36 should not apply when that defendant had failed to beat a claimant's Part 36 offer.  The burden on a party arguing that the provisions of Part 36 offer should not take effect is a high one. ...