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



Judge: Lambert J

Citation: [2019] EWHC, 14th May (QB)

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 from the usual costs rule following late acceptance, namely that the Claimant should be awarded his costs up to the date on which the relevant period expired.

Longer Text:

In a personal injury claim, the Claimant accepted the Defendant’s Part 36 offer late. The Part 36 offer was to expire on 19 February 2018. The issue was whether the normal costs rule applied, namely that the claimant was to be awarded his costs up to 19 February 2018, and after that the defendant was entitled to its costs. On the facts the Court could find no reason to depart from the usual costs rule following late acceptance, namely that the Claimant should be awarded his costs up to the date on which the relevant period expired and for the Claimant to pay the Defendant’s costs from the date of expiry of the relevant period to the date of acceptance.

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