LITIGATION AFTER JACKSON (POST DENTON EDITION): 12 POINT SURVIVAL GUIDE
In August last year I wrote Litigation after Jackson a 10 point Survival Guide. All of the points made in that post remain valid. I have added another 2 to deal with the situation post -Denton. The biggest danger, post…
NO SPECIFIC FORM OF WRITTEN NOTICE IS REQUIRED TO WITHDRAW A PART 36 OFFER: THE ADVANTAGES AND DISADVANTAGES OF LEAVING A PART 36 OFFER OPEN
Part 36 offers are relatively easy to withdraw. This is demonstrated by the decision of Flaux J in of Supergroup Plc v JustEnough Software Corp Inc where he rejected an application for a declaration that the the claimant had validly…
COSTS CONSEQUENCES OF PART 36 OFFERS: ANOTHER INTERESTING EXAMPLE
Following the earlier post on Part 36 offers I am grateful to Marcus Davies from DWF for pointing me in the direction of the decision of Mrs Justice Andrews in Davison –v- Leitch [2013] EWHC 3092 (QB). This provides another…
THE COSTS CONSEQUENCES OF PART 36 OFFERS: DO THEY ALWAYS APPLY? THE CASES IN DETAIL
The costs consequences when a claimant fails to beat a Part 36 from the defendant are well known and long established. The advantages for a claimant who now beats their own offer were examined in a previous post. Here we…
MEDIATE OR ELSE? THE COSTS CONSEQUENCES OF REFUSING TO MEDIATE
A recent post looked at the Court of Appeal mediation scheme and examined the potential penalties for a party refusing to mediate. In PGF II SA –v- OMES Company I Limited [2013] EWCA CIV 1288 the Court of Appeal looked…
PART 36: A NEAR MISS IS NOT ENOUGH
A recent case emphasises that a “near miss” with a Part 36 offer is not relevant to the court’s assessment of costs after a trial. There was, for a time, a developing jurisprudence around “near miss” offers and…
THANKS FOR THE £500,000. NOW WHERE’S THE EXTRA £50,000 YOU OWE ME? KNOWING THE RISKS AND ADVANTAGES FOR THE CLAIMANT IN THE NEW PART 36
The new provisions when a claimant beats their own Part 36 provide challenges (including potential negligence claims) for the claimant lawyer. A claimant who beats their own Part 36 offer at trial now obtains considerable benefit. CPR 36.13(3) states that…
