The perils of withdrawing Part 36 offers after trial (or any time)

The High Court has found that defendants who made a Part 36 offer, which the claimant failed to beat, should not be awarded any of their costs where the offer was withdrawn after trial and before judgment: Britned Development Ltd v ABB AB [2018] EWHC 3142 (Ch). Had the offer remained on the table until judgment, … Read more

Part 36 offers to settle: some lessons from recent decisions

This post discusses practical points arising from four recent decisions relating to Part 36 offers – though of course each case will turn on its facts and so the points outlined will not necessarily be of universal application. (1) A term as to costs which is (even slightly) inconsistent with the effect of Part 36 itself … Read more