FZO v (1) Adams, (2) Haringey London Borough Council [2019] EWHC 1286 (QB).

FZO v (1) Adams, (2) Haringey London Borough Council [2019] EWHC 1286 (QB).

Interest on additional amounts pursuant to Part 36 – Part 36 Summary: Where an unsuccessful Defendant was required to pay an additional amount, having previously rejected the Claimant’s Part 36… Read more »

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Campbell v Ministry of Defence [2019] EWHC, 14th May (QB), Lambert J

Costs, Part 36 offers and late accepting of offers – Part 36 Summary: The Claimant accepted the Defendant’s Part 36 offer late. The Court could find no reason to depart… Read more »

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Evelyn Horne v Prescot (No. 1) Limited [2019] EWHC 1322 (QB)

Part 36 offers exclusive of interest – Part 36 Summary: The Court held it was prudent of the solicitors to specify that the offer was exclusive of interest, otherwise the… Read more »

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Calonne Construction Limited v Dawnus Southern Limited [2019] EWCA Civ 754

Part 36 offers on unissued Counterclaims and provisions for interest – Part 36 Summary: The Court held that a Part 36 offer could be made in relation to an un-pleaded… Read more »

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Momonakaya v Ministry of Defence [2019] EWHC 480 (QB)

Summary: A Part 36 offer was valid despite de minimis non-compliance with the rules, and had been accepted. However given that it was not realistic to hold that the Claimant… Read more »

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Finnegan v Spiers (t/a Frank Spiers Licensed Conveyancers) [2018] EWHC 3064 (Ch)

Summary: Notwithstanding r. 44.2(8), the court has no power to order payment on account of costs following acceptance of a Part 36 offer. Longer Text: A claimant in a professional… Read more »

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BritNed Development Limited v ABB AB, ABB Limited [2018] EWHC 3142 (Ch)

Summary: The Court considered the question of who the successful party was in a competition claim. The judge rejected the analysis that the party writing the cheque for damages was… Read more »

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Holmes v West London Mental Health Trust [2018] 6 WLUK 646, [2018] 4 Costs L.R. 763

Late Acceptance – Rule 36.13 Summary: A Defendant Health Trust in a clinical negligence claim was ordered to pay costs on the indemnity basis from the end of the relevant… Read more »

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Hislop v Perde: Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726

Summary: In fixed costs cases, rule 36.13 does not apply where a Part 36 offer is accepted late. Longer text: It is not possible for a Claimant whose offer has… Read more »

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Hertel v Saunders [2018] EWCA Civ 1831

Summary: Part 36 costs consequences did not apply to an offer that was related to an additional claim which had only been intimated and set out in draft Amended Particulars… Read more »

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