Court of Appeal decision highlights indemnity costs risk where claimant pursues speculative claims and unreasonably refuses Part 36 offer

In a recent judgment, overturning the High Court’s decision, the Court of Appeal has ordered indemnity costs in favour of a successful defendant where the claimants should have known their claims were speculative/weak and where the defendant had made an early Part 36 offer: Lejonvarn v Burgess [2020] EWCA Civ 114. The present case acts … Read more

Court of Appeal confirms jurisdiction to award claimant interim payment on account of costs where Part 36 offer accepted within relevant period

The Court of Appeal has unanimously held that the court has jurisdiction to order an interim payment on account of costs pursuant to CPR 44.2 where a Part 36 offer has been accepted within the relevant offer period, overturning the High Court’s decision that there was no such jurisdiction: Global Assets Advisory Services Ltd v … Read more

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made a Part 36 offer, which the claimant failed to beat, should not be awarded any of their costs where the offer was withdrawn after trial and before judgment: Britned Development Ltd v ABB AB [2018] EWHC 3142 (Ch).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