Articles matching "part 36"
David Brown takes a look at the recent decision in Hertel v Saunders (2018) in which the Court of Appeal was asked to consider, once again, the scope of CPR Part 36, in particular the meaning of "the…Read more
Court of Appeal and fixed costs: claimants not entitled to indemnity costs where defendants accept Part 36 offer out of time
After years of conflicting decisions we now have authoritative guidance from the Court of Appeal as to the applicable costs consequences when a defendant accepts a Part 36 offer out of time where the…Read more
Since the decision in Broadhurst v Tan (2016) Claimant solicitors have been trying to persuade courts that there should be a penalty for accepting a Part 36 offer late. In McKeown & Anor v Venton…Read more
The issue of whether a Part 36 offer is a “genuine attempt to settle the claim” is not new. The Civil Procedure Rules Committee recognised its importance by including it in the 2015 amendments to Part…Read more
Andrew Cousins examines the recent Court of Appeal decision in Crooks v Hendricks Lovell Limited (2016) on whether a claimant who successfully reviewed a Certificate of Recoverable Benefits after…Read more
Andrew Cousins reviews the recent High Court decision in Purser v Hibbs & Anr (2015) which raises two interesting issues following a discovery of dishonest exaggeration through the use of…Read more