In a recent decision, the High Court has confirmed that a party can obtain the costs benefits of making a “claimant’s” Part 36 offer in relation to its counterclaim, even though it is not formally the claimant in the litigation. The party’s role in making the offer and the terms of the offer are more … Read more

In a recent decision the High Court has held that a Part 36 offer was valid despite the claimant having failed to serve it in accordance with CPR Part 6: London Trocadero (2015) LLP v Picturehouses Cinemas Ltd and others [2021] EWHC 3103 (Comm). The court held that the defective service (by emailing the offer … Read more

The Court of Appeal has held that an offer to settle which left some matters to be resolved could nonetheless be treated as a valid Part 36 offer. The court distinguished between purely contractual offers and Part 36 offers which, it pointed out, have their own self-contained code: Adams v Options UK Personal Pensions LLP … Read more

The High Court has held that a settlement agreement was a binding agreement which superseded a previously accepted Part 36 Offer. The settlement agreement provided a clearer basis for the recovery of costs and was “not merely an agreement memorialising the Part 36 Offer”: Falcon Trident Shipping Ltd v Levant Shipping Ltd [2021] EWHC 2204 … Read more

The High Court has upheld an order for the claimants to obtain the favourable costs consequences under CPR Part 36, in a case where they had made a Part 36 offer to settle for £1 and nominal damages of £10 were awarded at trial: Shah & Anor v Shah & Anor [2021] EWHC 1668 (QB). … Read more

In a recent judgment, the High Court held that it would be unjust to award a claimant the beneficial costs consequences under CPR Part 36, because the claimant had introduced new evidence at a late stage in the proceedings which had made a significant difference to the value of the claim: Head (Executrix of the … Read more

In a recent judgment following a split trial, the High Court held that it could not make a costs award until the outcome on quantum was known, because the defendant had made a Part 36 offer which did not relate solely to the issues that had been determined: Original Beauty Technology Co Ltd v G4K … Read more

The High Court has found that a defendant who accepted a claimant’s Part 36 offer after the expiry of the relevant offer period could ask the court to determine costs, even though the offer contained a term as to costs: Pallett v MGN Ltd [2021] EWHC 76 (Ch). Where a Part 36 offer is accepted … Read more