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made a Part 36 offer, which the claimant failed to beat, should not be awarded any of their costs where the offer was withdrawn after trial and before judgment: Britned Development Ltd v ABB AB [2018] EWHC 3142 (Ch).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

High Court gives effect to claimant’s Part 36 offer for 95% of claim value

The High Court has awarded a claimant indemnity costs where the defendant conceded liability shortly before a split trial, having previously refused the claimant's Part 36 offer to accept liability for 95% of damages to be assessed: Jockey Club Racecourse Limited v Willmott Dixon Construction Limited [2016] EWHC 167 (TCC). When the new version of CPR Part 36 was … Read more