High Court issues costs penalties for claimants’ conduct in settling claim – Litigation Futures

Posted November 10th, 2017 in costs, defamation, delay, news, part 36 offers, penalties by tracey

‘A corporate claimant that accepted a part 36 offer late should not get its costs up to the point where the offer expired because its conduct meant the usual rule should not apply, the High Court has ruled.’

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Litigation Futures, 9th November 2017

Source: www.litigationfutures.com

Whalley v Advantage Insurance [2017]: Costs Consequences Following the Late Acceptance of Part 36 Offers in Fixed Costs Cases – Zenith PI Blog

Posted October 12th, 2017 in civil procedure rules, costs, delay, insurance, news, part 36 offers, personal injuries by sally

‘The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on 30th December 2015. The Defendant did not in fact accept the Claimant’s Part 36 offer until 29th January 2016. The delay in accepting the offer was therefore just under one month post expiry. Quantum was agreed in the sum of £10,000 which was paid. The issue was whether the Claimant’s costs were limited to fixed costs for the entire action or whether the Claimant was entitled to either assessed costs or indemnity costs for the period 30th December 2015 to 29th January 2016.’

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Zenith PI Blog, 11th October 2017

Source: zenithpi.wordpress.com

Regional costs judge reverses position on part 36 offers in fixed-costs cases – Litigation Futures

Posted October 9th, 2017 in civil procedure rules, costs, indemnities, judges, news, part 36 offers by sally

‘A regional costs judge has concluded that he was wrong to rule in a previous case that late acceptance of a part 36 offer automatically entitled the claimant to an award of indemnity costs, and thus provided an escape route out of fixed costs.’

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Litigation Futures, 9th October 2017

Source: www.litigationfutures.com

Uncertainty of prognosis is no excuse for late acceptance of Part 36 offer – Zenith PI

Posted September 8th, 2017 in delay, news, part 36 offers, personal injuries by tracey

‘Briggs v CEF Holdings Ltd (2017) CA (unreported). It is not uncommon for a defendant to make a part 36 offer early on in proceedings before the full prognosis is known. The frequency with which claimant representatives are faced with the difficulty of advising clients in these circumstances does not reduce its impact.’

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Zenith PI, 8th September 2017

Source: zenithpi.wordpress.com

Fail to engage in adr at your peril – Zenith PI

Posted September 7th, 2017 in arbitration, news, part 36 offers, personal injuries by tracey

‘Marsh v Ministry of Justice (2017) QBD is a timely reminder of the need for parties to consider Alternative Dispute Resolution (ADR) in personal injury claims.’

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Zenith PI, 5th September 2017

Source: zenithpi.wordpress.com

Appeal judges uphold indemnity costs order in “long and acrimonious” neighbour dispute – Litigation Futures

Posted August 16th, 2017 in appeals, costs, dispute resolution, indemnities, judges, news, part 36 offers, utilities by sally

‘The Court of Appeal has backed the order of indemnity costs against a retired couple involved in a battle over access to gas and electricity meters, who “had not come to court to assist the court in resolving the dispute but to assist themselves”.’

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Litigation Futures, 15th August 2017

Source: www.litigationfutures.com

F1 personality ordered to pay part 36 indemnity costs over failure to engage in settlement – Litigation Futures

Posted August 10th, 2017 in costs, delay, news, part 36 offers by tracey

‘The High Court has ordered well-known Formula 1 personality Eddie Jordan to pay indemnity costs after he accepted a “very historic” £15,000 part 36 offer that was still open on the eve of trial – and which was £85,000 less than he had been offered a year earlier.’

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Litigation Futures, 10th August 2017

Source: www.litigationfutures.com

Part 36 : THE Court’s Approach Following Disclosure of Existence of an Offer – Zenith PI Blog

Posted July 31st, 2017 in civil procedure rules, costs, judges, news, part 36 offers, shareholders by sally

‘In a long running shareholder dispute, the claimant company sought its costs from the defendants. The defendants had made 3 Part 36 offers in respect of the claimants claim against them. The judge had determined a number of issues in a hearing in November 2016, however there were other remaining issues to be tried. The court was made aware of the fact, but NOT the content, of the offers.’

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Zenith PI Blog, 31st July 2017

Source: zenithpi.wordpress.com

Court of Appeal overturns ruling in favour of claimant that accepted part 36 offer late – Litigation Futures

‘Uncertainty regarding a claimant’s prognosis is part of the usual risk of personal injury litigation and not enough to justify disapplying the usual consequences of accepting a part 36 offer out of time, the Court of Appeal has ruled.’

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Litigation Futures, 26th July 2017

Source: www.litigationfutures.com

Party failed in bid to accept lapsed part 36 offer after start of trial – Litigation Futures

Posted July 13th, 2017 in news, part 36 offers, trials by tracey

‘The High Court has rejected an application by a claimant to accept a lapsed part 36 offer after seeing the way the trial of their case had begun, with the defendant now keen to “take its chances” on the outcome.’

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Litigation Futures, 12th July 2017

Source: www.litigationfutures.com

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

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Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

Unreliable ATE Policies – A Warning for Defendants – Radcliffe Chambers

Posted April 6th, 2017 in costs, insurance, news, part 36 offers, trials by sally

‘The recent decision in Denso Manufacturing UK Ltd v Great Lakes Reinsurance (UK) plc [2017] EWHC 391 (Comm) highlights the fact that defendants should not be confident that, if a claim fails, the unsuccessful claimants’ ATE policies will pay out’

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Radcliffe Chambers, 3rd April 2017

Source: www.radcliffechambers.com

Part 36 penalties aimed at conduct, not just compensation, says appeal court – Litigation Futures

Posted April 4th, 2017 in appeals, civil procedure rules, compensation, news, part 36 offers by sally

‘A community-led recycling organisation has submitted a complaint to the Competition and Markets Authority claiming that a county council’s contract with an incinerator company breaks competition law.’

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Litigation Futures, 3rd April 2016

Source: www.litigationfutures.com

Master validates party’s defective delivery of part 36 withdrawal because of new discount rate – Litigation Futures

Posted March 24th, 2017 in news, part 36 offers, personal injuries, service by sally

‘A High Court master has allowed a party’s bid to withdraw a part 36 offer ahead of the new discount rate coming into force on Monday, even though they used a defective method to deliver it.

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Litigation Futures, 23rd March 2017

Source: www.litigationfutures.com

Trial judges should not “trammel” costs judges’ jurisdiction when parties go over budget – Litigation Futures

Posted March 15th, 2017 in budgets, costs, dilapidations, news, part 36 offers by tracey

‘A deputy High Court judge has refused to provide a receiving party with an “indication” of whether it acted reasonably in exceeding its costs budget, saying trial judges should “not seek to trammel the costs judge’s jurisdiction” unless there are specific issues they want to raise.’

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Litigation Futures, 14th March 2017

Source: www.litigationfutures.com

Case of conflicting CPR provisions “highlight concerns over fixed costs extension” – Litigation Futures

‘A recent ruling caused by “shoddy” drafting of the CPR highlights the importance of any extension of fixed costs being accompanied by “a well-drafted and fully integrated set of procedural rules”, a costs specialist has warned.’

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Litigation Futures, 23rd February 2017

Source: www.litigationfutures.com

Judges “should be slow” to consider reasonableness of settlement stance – Litigation Futures

Posted January 20th, 2017 in costs, indemnities, news, part 36 offers by sally

‘Judges should be “very slow to entertain a discussion as to whether parties to litigation have negotiated in a reasonable manner”, the Court of Appeal has cautioned.’

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Litigation Futures, 19th January 2017

Source: www.litigationfutures.co.uk`

High Court: part 36 offer extinguished earlier common law offer – Litigation Futures

Posted November 22nd, 2016 in dispute resolution, news, part 36 offers, time limits by sally

‘A part 36 offer acts as a counter-offer that extinguishes an earlier offer based on common law principles, the High Court has ruled in a decision that one of the solicitors involved said “could influence settlement techniques and tactics in many commercial disputes in future”.’

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Litigation Futures, 22nd November 2016

Source: www.litigationfutures.com

Costs relevant to part 36 consequences – but not to whether offer has been beaten, says High Court – Litigation Futures

Posted November 3rd, 2016 in costs, news, part 36 offers by tracey

‘Costs should not be taken into account when deciding whether a part 36 offer has been beaten, the High Court has ruled, but they are relevant when deciding whether to apply the consequences of beating an offer.’

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Litigation Futures, 1st November 2016

Source: www.litigationfutures.com

One direction – New Law Journal

Posted October 31st, 2016 in costs, damages, news, part 36 offers, personal injuries by sally

‘Kerry Underwood examines qualified one-way costs shifting.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk