SHOULD A LOSING PARTY FACE THE NORMAL CONSEQUENCES OF FAILING TO BEAT A PART 36 OFFER? A REMINDER THAT THIS IS A HIGH HURDLE WITH A “FORMIDABLE BURDEN”

A litigant who fails to beat a Part 36 offer can normally expect to face the consequences set out in the rules.  There is an exception if that litigant can satisfy the court that it is "unjust" for those consequences to follow.  The burden in establishing this lies on the losing party. It is, as is ...