Part 36 Trumps Fixed Costs (and no Donald in Sight): Broadhurst and Taylor v Tan and Smith [2016] EWCA Civ 94 – Zenith PI Blog

‘In a claim which starts under the Pre-Action Protocol for Low Value Personal Injury Claims (in this case the RTA Protocol), what happens when a Claimant obtains a judgment against a defendant which is at least as advantageous to them as the proposals contained in a Part 36 offer – does the Claimant recover fixed costs only, as per the regime, or does the Claimant recover costs on an indemnity basis?’

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Zenith PI Blog, 1st March 2015