PART 36 ISSUES: CAN A JUDGE CONSIDER INTEREST UNDER PART 36 WHEN INTEREST HAD BEEN AN ISSUE DETERMINED IN THE ACTION? [SPOILER – YES THEY CAN]

The judgment here considers an interesting point in relation to Part 36.  The judge had, in the substantive judgment, considered issues relating to the interest to be paid by the defendant.  The defendant had failed to beat a Part 36 offer from the claimant.  The judge was initially concerned that h...

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