COURT OF APPEAL DECISION ON PART 36 FIXED COSTS AND LATE ACCEPTANCE HEARD – DECISION PENDING (PLUS A FINAL PLUG FOR THE WEBINAR ON PART 36 ON THE 26th FEBRUARY 2026)

The Court of Appeal has heard an appeal against the decision in Laura Attersley v UK Insurance Limited [2025] EWHC 884 (KB).   This is an interesting decision on Part 36.  I understand that judgment is pending.  This was one of many interesting and important decisions on Part 36 last year.

THE DECISION AT FIRST INSTANCE

The claimant was injured in a road traffic accident.  A claim was submitted under the RTA Protocol. It later exited the Protocol following the defendant’s request. Liability was admitted. Proceedings were issued in February 2021 using a Part 7 claim.   A Defence was filed in March 2021 and, at the same time, the defendant made an offer to settle of £45,000. The case was allocated to the multi-track in January 2022.  In July 2022 the claimant accepted the defendant’s Part 36 offer. Mrs Justice Stacey held that, on construction of the rules, the claimant was entitled to costs to be assessed and not fixed costs. Once the matter was allocated to the multi-track the claimant was entitled to costs to be assessed up to the date of expiry of the relevant period.

THE DEFENDANT’S APPEAL

The defendant’s appeal was heard on the 24th.  You can watch the argument on catch-up via this link: https://bit.ly/4ayg3zB.

WEBINAR ON PART 36: TOMORROW…

Attersley was one of many important decisions on Part 36 last year. It is considered in detail in the webinar tomorrow.

This webinar cuts through the theory to deliver a clear, practical guide to how Part 36 is working now. Drawing on the most important decisions of the past 12 months, it explains what the courts are really doing, where litigators are still getting caught out, and how to protect your client’s position.

Why attend?
You will gain practical insight into:

• How and when Part 36 offers go wrong — and how to avoid it

• Using Part 36 strategically to manage risk and costs exposure

• Key developments affecting validity, multi-party offers, and consequences

There will be dedicated sections on:

• Part 36 in costs-only proceedings

• Offers made on liability alone

• Whether — and when — a refusal to mediate can trump a Part 36 offer

Learning outcomes / key takeaways
By the end of this webinar, delegates will be able to:

• Assess the validity and tactical strength of Part 36 offers in light of recent authority

• Advise confidently on the costs and risk implications of making or rejecting Part 36 offers

• Identify common traps and problem areas that continue to generate adverse costs consequences

• Avoid procedural and drafting errors that can undermine the effectiveness of Part 36 offers

• Recognise situations where Part 36 carries heightened professional risk if mishandled

• Identify and manage negligence-sensitive decision points when advising on Part 36 strategy

• Evaluate how mediation conduct may affect Part 36 consequences

• Apply recent case law to real-world litigation strategy, reducing the risk of unexpected or indefensible outcomes

Date and time

26 February 2026
2.00 pm – 3.00 pm, with additional time for questions

Booking details

Booking details are available here.

Tickets are for individual attendees only.
The email address of each attendee must be registered at the time of purchase.

Cost

£100 plus VAT per person

CLB members receive a 25% discount (details available here).

(Use the discount code when paying).