COSTS BITES 461: WINNING THE CASE BUT LOSING THE MAIN BATTLE MEANS CLAIMANT RECOVERS 85% OF COSTS: DEFENDANT CANNOT SEEK THE ADVANTAGES OF PART 36 WITHOUT MAKING A PART 36 OFFER

It is wise for a party that is likely to be on the losing side of a case to make a Part 36 offer.  A court is unlikely to have much sympathy for a litigant that has failed to protect its position.  A party may wish it has made an offer, but it is unlikely to obtain anything similar to Part 36 protec...