Category Part 36

COSTS AT THE END OF A CASE: INDEMNITY COSTS, PAYMENTS ON ACCOUNT AND GOING BEYOND THE COSTS BUDGET

In Barkhuysen -v- Hamilton [2016] EWHC 3371 (QB) Mr Justice Warby considered matters relating to costs after a trial. The defendant’s conduct led to an order for indemnity costs being made. The judge also identified those areas in which the claimant could, properly, claim for items outside the costs budget. “If the defendant had dealt with […]

CLAIMANT’S ACCEPTANCE OF PART 36 OFFER DOES NOT LEAD TO JUDGMENT ON COUNTERCLAIM: A MARATHON EFFORT BUT TO NO AVAIL

In Marathon Asset Management LLP -v- Seddon [2016] EWHC 2615 (Comm) Mr Justice Leggatt rejected an argument that the claimant’s  acceptance of a Part 36 offer meant that a defendant was entitled to judgment on its counterclaim. KEY POINTS The claimantsaccepted an offer of £1,500.000 made by defendants. The defendants were bringing a counterclaim. The […]

PART 36 CONSEQUENCES AND A FIXED COSTS REGIME: WHAT HAPPENS WHEN THEY MEET?

In the judgment today in Phonographic Performance Ltd -v- Raymond Hagan [2016] EWHC 3076 (IPEC) Judge Hacon considered the interaction between a fixed costs regime and Part 36. KEY POINTS The fixed cost rules in the Intellectual Property Enterprise Court (IPEC) can be displaced by a Part 36 offer. If a defendant fails to beat […]

PART 36: OFFER DID NOT COVER COSTS OF ADJUDICATIONS

In  Wes Futures Limited -v- Allen Wilson Construction Limited [2016] EWHC 2863 (TCC) Mr Justice Coulson considered the terms of an offer from the claimant that the Defendant accepted 10 months afterwards.  Curiously it was the claimant that was arguing that their own offer was not a valid Part 36 offer.  The judge held that […]

PART 36 OFFERS AND COSTS: COSTS NOT TAKEN INTO ACCOUNT WHEN CONSIDERING WHETHER AN OFFER HAS BEEN “BEATEN”

In Transocean Drilling UK Ltd -v- Providence Resources PLC [2016] EWHC 2611 (Comm) Mr Justice Popplewell considered the impact of a Part 36 offer in unusual circumstances.  These circumstances led the court to consider whether the impact of costs should be taken into account in considering whether or not a Part 36 offer has been […]

LATE ACCEPTANCE OF CLAIMANT’S PART 36 OFFERS: TWO CONTRASTING CASES & THE GREAT DEBATE

There is an ongoing debate about whether the Defendant should, or does, face any adverse consequences when a Claimant’s Part 36 offer is accepted late.  I had a recent email from solicitor John McQuater of Atherton Godfrey.   Here I look at two contrasting cases and, with his permission,  John’s views – to add to […]

HAS A PART 36 OFFER BEEN BEATEN WHEN THE VALUE OF CURRENCY CHANGES? A HIGH COURT DECISION

The judgment of Mr Justice Leggatt today in Novus Aviation Ltd -v- Alubaf Arab International Bank BSC (c) [2016] EWHC 1937 (Comm) contains some interesting observations on Part 36 offers. KEY POINTS A claimant “beat” its own Part 36 offer only because of a change in the value of currency at the time that judgment […]