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“Part 36 offers: when bettering is not enough” P.I.L.J. (2008) No.66 June Pages 6-8 (Sadie Crapper)
P.I.L.J. (2008) No.66 June Pages 6-8
Considers, in respect of the implications for cases in which costs seem out of proportion to their low value claims, the Court of Appeal decision in Carver v BAA Plc in which a claimant had obtained a judgment “more advantageous than” the defendant’s Part 36 offer where the judgment had exceeded the offer by only GBP 51. Traces the judicial reasoning of the case through the High Court and the Court of Appeal. Includes a box outlining the provisions of the Civil Procedure Rules 1998 Pt 36 r.36.14.
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