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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Offers to settle.
A "PART 36 OFFER" THAT ATTEMPTS TO VARY USUAL COSTS CONSEQUENCES IS NOT A PART 36 OFFER AT ALL:  HIGH COURT DECISION

A “PART 36 OFFER” THAT ATTEMPTS TO VARY USUAL COSTS CONSEQUENCES IS NOT A PART 36 OFFER AT ALL: HIGH COURT DECISION

February 14, 2018 · by gexall · in Civil Procedure, Members Content, Part 36

In James v James & Ors [2018] EWHC 242 (Ch)  HHJ Paul Matthews (sitting as a High Court Judge) determined an interesting issue in relation to an offer made in the course of proceedings.  A “Part 36” offer which attempted to…

"NEAR MISS" RULE NO LONGER APPLICABLE: COURT OF APPEAL OVERTURNS DECISION ON COSTS

February 4, 2016 · by gexall · in Appeals, Assessment of Costs, Conduct, Costs, Members Content, Part 36, Uncategorized

In Sugar Hut Group Limited -v- AJ Insurance Services [2016] EWCA Civ 46 the Court of Appeal overturned an award of costs made against a successful party. “The Claimants’ recovery exceeded the Part 36 offer by a comfortable margin and…

OFFER TO SETTLE HAS MAJOR IMPACT ON COSTS OF CASE: NO SUGARING OF THIS PILL

November 19, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content, Part 36, Risks of litigation

In Sugar Hut Group Ltd -v- AJ Insurance [2014] EWHC 3775 (Comm) Mr Justice Eder held that an offer of settlement had a major impact on costs even though it was not a valid Part 36 offer and the claimant…

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