Defendant awarded its costs where claimant failed to beat withdrawn Part 36 offer, as the offer should have been accepted when it was on the table

In circumstances where a claimant failed to beat a defendant’s Part 36 offer, the High Court has granted the defendant a favourable costs order, very similar to the costs consequences that would have applied under CPR Part 36, despite the defendant having withdrawn the Part 36 offer before trial: Blackpool Borough Council v Volkerfitzpatrick Ltd … Read more

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