Part 36 offer

Is the Part 36 Offer Still Fit for Purpose After Hislop v Perde?

When the CPR came into force in April 1999, the old method of placing your opponent on risk as to costs in litigation, the Payment into Court, was replaced by Part 36 of the CPR. The intention was the same as the payment into court – to put some pressure Read the full article…

tuson v murphy to Part 36 or

Tuson v Murphy – To Part 36 or to Calderbank – That is the Question?

The case of Tuson v Murphy  [2018] EWCA Civ 1461 in which judgment was handed down on the 22nd June confirmed the rigidity of the effects of making a Part 36 offer and how difficult it is to persuade a court that the non-default costs  effects should not apply even where Read the full article…

solicitor with CPR 3.14 sanctions

CPR 3.14 – Court Fees Only? Some Practical Tips (We Hope You Don’t Have To Use!)

The case law outlining the importance of filing costs budgets on time is well known with the decision in the matter of Lakhani v Mahmud (2017) EHWC 173 being the latest to confirm the difficulty of being successful on an application for relief from sanctions. If either party does fail to file Read the full article…

'Top Tips' written in different coloured chalk on a blackboard to highlight the top legal costs experts tips

12 Top Tips From Our Legal Costs Experts

We asked some of our team of legal costs experts to provide their top costs tips and as a result we have 12 to share. We hope that among them, there will be at least one or two that you take away and put to good use in the future. So Read the full article…

Defendants Late Acceptance of Part 36 Offer In Otherwise Fixed-Fee Case Prompts District Judge To Award Indemnity Costs

Another reminder, if any was needed, that late acceptance of a Part 36 offer can lead to severe costs consequences, was the message from two more recent District Judge decisions. Many Claimants will fondly remember the decision of the Court of Appeal in Broadhurst v. Tan [2016] EWCA Civ 94 Read the full article…

Proportionate Costs Orders and Beating Part 36 Offers

Proportionate Costs Orders Upon Beating Part 36 Offers

Webb v Liverpool Womens’ NHS Foundation Trust [2015] considered Can a successful claimant in litigation be subject to a proportionate costs order upon beating their own part 36 offer? Apparently, yes – the High Court has ruled. In his rather surprising ruling, Saffman J held: ‘I do not accept that Read the full article…