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



Judge: Longmore LJ, King LJ and Coulson LJ

Citation: [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 been accepted late, but before trial, to rely on the decision in Broadhurst v Tan[1] to obtain indemnity costs.  CPR Rule 36.20 makes it plain that it is the only rule which applies to the costs consequences of accepting a Part 36 offer in fixed costs cases.  The interaction between the fixed costs regime and Part 36 differs where the Claimant is successful after trial and where a Part 36 offer is accepted before trial.  On the correct interpretation of the Rules, in a fixed costs case, Rule 36.20 applies where an offer is accepted late and Rule 36.13 does not apply at all.

[1]  [2016] EWCA Civ 94

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