COST BITES 295 : PART 36 OFFER BEATEN:  SHOULD THE AWARD OF INDEMNITY COSTS LEAD TO 100% OF THE BUDGET BEING ORDERED AS AN INTERIM PAYMENT?

COST BITES 295 : PART 36 OFFER BEATEN: SHOULD THE AWARD OF INDEMNITY COSTS LEAD TO 100% OF THE BUDGET BEING ORDERED AS AN INTERIM PAYMENT?

There have been several cases recently where the court has considered the issues relating to awarding interim costs after a party has been successful at trial and beaten their own Part 36 offer. We look at another decision on this…

PART 36: SHOULD THE NORMAL PART 36 CONSEQUENCES APPLY WHEN A CLAIMANT HAD, EFFECTIVELY, OFFERED "NIL" ON A COUNTERCLAIM (THAT FAILED)?

PART 36: SHOULD THE NORMAL PART 36 CONSEQUENCES APPLY WHEN A CLAIMANT HAD, EFFECTIVELY, OFFERED “NIL” ON A COUNTERCLAIM (THAT FAILED)?

Here we are looking at some interesting arguments on Part 36 put forward by an, obviously disappointed, defendant.  The claimant had beaten its own Part 36 offer and defeated the defendant’s counterclaim totally.  Nevertheless, the defendant argued, this was not…

CLAIMANT DID NOT RECEIVE PART 36 BENEFITS WHEN IT BEAT ITS OWN OFFER BY SEVEN PENCE:  A REQUEST TO CAPITULATE IS NOT A GENUINE OFFER OF SETTLEMENT

CLAIMANT DID NOT RECEIVE PART 36 BENEFITS WHEN IT BEAT ITS OWN OFFER BY SEVEN PENCE: A REQUEST TO CAPITULATE IS NOT A GENUINE OFFER OF SETTLEMENT

I am grateful to barrister James Miller for sending me a copy of the judgment of District Judge Griffith in Gohil -v-Advantage Insurance Company (County Court at Birmingham, 11th May 2023) a copy of which is available here. Gohil v…

PART 36: NORMAL COSTS PROVISIONS DISAPPLIED WHEN A CHILD ACCEPTED A PART 36 OFFER LATE:

PART 36: NORMAL COSTS PROVISIONS DISAPPLIED WHEN A CHILD ACCEPTED A PART 36 OFFER LATE:

Yesterday I gave a webinar on recent developments in Part 36*. Almost inevitably a new case was reported as soon as the webinar finished. Further that case addresses, directly, some of the interesting questions that arose in the webinar.  In…