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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Claimant’s Part 36 offer
CLAIMANT'S PART 36 OFFER WHICH INVOLVED A 1.15% DISCOUNT WAS A GENUINE ONE:EVEN A NARROW MARGIN MEANS DEFENDANTS FACE NORMAL PART 36 CONSEQUENCES

CLAIMANT’S PART 36 OFFER WHICH INVOLVED A 1.15% DISCOUNT WAS A GENUINE ONE:EVEN A NARROW MARGIN MEANS DEFENDANTS FACE NORMAL PART 36 CONSEQUENCES

July 19, 2022 · by gexall · in Applications, Members Content, Part 36

In Omya UK Ltd v Andrews Excavations Ltd & Anor [2022] EWHC 1882 (TCC) Mr Roger Ter Haar QC, sitting as a Deputy High Court Judge, found that a claimant’s offer that was some 1.15% less than the sum awarded…

A DEFENDANT MAKES A PART 36 OFFER BUT IT CAN BE A "CLAIMANT'S" PART 36 OFFER WITH ALL THE USUAL CONSEQUENCES: A CASE ABOUT MISSING CASES

A DEFENDANT MAKES A PART 36 OFFER BUT IT CAN BE A “CLAIMANT’S” PART 36 OFFER WITH ALL THE USUAL CONSEQUENCES: A CASE ABOUT MISSING CASES

January 19, 2022 · by gexall · in Costs, Members Content, Part 36

The judgment of HHJ Pearce (sitting as a High Court Judge) in The Huntsworth Wine Company Ltd v London City Bond Ltd [2022] EWHC 98 (comm) contains a detailed consideration of several aspects of the law of costs.  It is…

SETTLEMENT AGREEMENT DISPLACED PART 36 RULES: BE CAREFUL WHAT YOU ARE OFFERING: TROUBLE AT SEA WHEN TWO RULES COLLIDE

SETTLEMENT AGREEMENT DISPLACED PART 36 RULES: BE CAREFUL WHAT YOU ARE OFFERING: TROUBLE AT SEA WHEN TWO RULES COLLIDE

August 4, 2021 · by gexall · in Civil Procedure, Members Content, Part 36

The judgment of Clare Ambrose (sitting as a High Court judge)  in Falcon Trident Shipping Ltd v Levant Shipping Ltd [2021] EWHC 2204 (Comm) held that a settlement agreed drafted after acceptance of a Part 36 offer displaced the provisions…

CLAIMANT'S PART 36 OFFER TO ACCEPT 90% OF DAMAGES NOT EFFECTIVE WHEN CAUSATION IS IN ISSUE: COURT OF APPEAL DECISION TODAY

CLAIMANT’S PART 36 OFFER TO ACCEPT 90% OF DAMAGES NOT EFFECTIVE WHEN CAUSATION IS IN ISSUE: COURT OF APPEAL DECISION TODAY

March 18, 2021 · by gexall · in Appeals, Damages, Members Content, Part 36

In the judgment today in Seabrook v Adam [2021] EWCA Civ 382 the Court of Appeal considered when a Part 36 offer to accept a reduced percentage on liability was effective when only causation was in dispute.  It was held…

THE DANGER OF CLAIMANT’S PART 36 OFFERS: THE DEFENDANT CAN WAIT ONE DAY AND THEN PUT COSTS AT LARGE

January 20, 2021 · by gexall · in Applications, Costs, Members Content, Part 36

In Pallett v MGN Ltd [2021] EWHC 76 (Ch)  Mr Justice Mann considered a major anomaly in the rules relating to claimant’s Part 36 offers.  This shows that any claimant making a Part 36 offer must remember that a defendant…

DEFECTIVE PART 36 OFFER MEANT CLAIMANT DID NOT OBTAIN PART 36 BENEFITS: WHY CLAIMANTS SHOULD DRAFT THEIR PART 36 OFFERS CAREFULLY

DEFECTIVE PART 36 OFFER MEANT CLAIMANT DID NOT OBTAIN PART 36 BENEFITS: WHY CLAIMANTS SHOULD DRAFT THEIR PART 36 OFFERS CAREFULLY

October 25, 2019 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Members Content, Part 36

I am grateful to Simon Fisher from DWF costs for sending me a copy of the decision of District Judge Osborne in Flanagan -v- Royal & Sun Alliance Insurance PLC (16th May 2019). A copy of that case is available…

CONSTRUCTION OF A PART 36 OFFER: DEFENDANT'S ARGUMENT IS A PLOT TOO FAR

CONSTRUCTION OF A PART 36 OFFER: DEFENDANT’S ARGUMENT IS A PLOT TOO FAR

October 12, 2018 · by gexall · in Civil Procedure, Members Content, Part 36

In Bentley Design Consultants Ltd v Sansom [2018] EWHC 2238 (TCC) Mrs Justice Jefford DBE considered a novel point on the construction of a Part 36 offer.  She held that a Part 36 offer made by a claimant could not be…

PART 36:  ADDITIONAL AMOUNTS AFTER DEFENDANT FAILS TO BEAT CLAIMANT'S 36 OFFER: OFFER "IN THE BAG" SO DECISION CAN BE DEFERRED

PART 36: ADDITIONAL AMOUNTS AFTER DEFENDANT FAILS TO BEAT CLAIMANT’S 36 OFFER: OFFER “IN THE BAG” SO DECISION CAN BE DEFERRED

March 28, 2018 · by gexall · in Civil Procedure, Members Content, Part 36

We have already looked at the decision in JMX (A child by his Mother and Litigation Friend, FMX) v Norfolk and Norwich Hospitals NHS Foundation Trust [2018] EWHC 185 (QB) where Foskett J decided that a 90% offer on liability was a…

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