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
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
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
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
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
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
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
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
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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