part 36 offers – Current Awareness

Costs, Actually: A Recap on Offers to Settle – Gatehouse Chambers

Posted April 26th, 2024 in chambers articles, civil procedure rules, costs, media, news, part 36 offers, privacy by sally

‘Hugh Grant has put civil costs on the public radar, in his latest thread on X (formerly Twitter) (via: @HackedOffHugh), concerning the settlement of his privacy claim against The Sun. In one out of a series of posts from the thread on April 17th 2024, Grant wrote, “I don’t want to accept this money or settle. I would love to see all the allegations that they deny tested in court,” and he goes on to write in a subsequent post in the thread: “But the rules around civil litigation mean that if I proceed to trial and the court awards me damages that are even a penny less than the settlement offer, I would have to pay the legal costs of both sides.”’

Gatehouse Chambers, 23rd April 2024

Source: gatehouselaw.co.uk

QOCS changes in April 2023: the practical and tactical implications for claimants and their solicitors – Gatehouse Chambers

Posted April 14th, 2023 in appeals, chambers articles, civil procedure rules, costs, damages, enforcement, news, part 36 offers, personal injuries by sally

‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’

Gatehouse Chambers, 16th March 2023

Source: gatehouselaw.co.uk

Part 36: Is There Any Value in a Split Liability Offer? – Pump Court Chambers

Posted April 12th, 2023 in appeals, chambers articles, damages, holidays, negligence, news, part 36 offers by sally

‘In the recent case of Mundy v TUI UK Ltd [2023] EWHC 385 (Ch), the High Court (Collins Rice J) provided helpful clarification about when Part 36 offers deal with an apportionment of liability.’

Pump Court Chambers, 27th March 2023

Source: www.pumpcourtchambers.com

Part 36 Offers: Say It Like You Mean It! – Ropewalk Chambers

Posted March 31st, 2023 in chambers articles, damages, health, holidays, news, part 36 offers by sally

‘In Mundy v TUI UK Ltd [2023] EWHC 385 (Ch) (judgment available here), Collins Rice J heard an appeal which considered the implications of the Claimant’s Part 36 offer to split “liability” at 90%/10%.’

Ropewalk Chambers, 6th March 2023

Source: ropewalk.co.uk

Split liability offer did not meet Part 36 requirements – Law Society’s Gazette

Posted March 17th, 2023 in civil procedure rules, costs, damages, holidays, news, part 36 offers by tracey

‘A claimant’s 90/10 liability offer went against both the letter and spirit of civil procedure rules on Part 36, a High Court judge has ruled.’

Law Society's Gazette, 16th March 2023

Source: www.lawgazette.co.uk

Two cases about QOCS where the claimant accepted a Part 36 offer late – Hailsham Chambers

Posted January 6th, 2023 in chambers articles, costs, damages, negligence, news, part 36 offers, personal injuries by sally

‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’

Hailsham Chambers, 3rd January 2023

Source: www.hailshamchambers.com

High court rejects costs setoff in QOCS claim – Law Society’s Gazette

Posted December 16th, 2022 in accidents, compensation, costs, damages, news, part 36 offers, personal injuries by tracey

‘The High Court rejected a defendant’s bid to escape the full rigour of the qualified one-way costs shifting (QOCS) regime in a ruling handed down this week.’

Law Society's Gazette, 15th December 2022

Source: www.lawgazette.co.uk

Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

Posted October 24th, 2022 in accidents, appeals, chambers articles, civil procedure rules, costs, news, part 36 offers, personal injuries by sally

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

Guildhall Chambers, 13th October 2022

Source: www.guildhallchambers.co.uk

Court of Appeal rejects defendant’s fixed costs challenge – Law Society’s Gazette

Posted July 12th, 2022 in civil procedure rules, costs, news, part 36 offers by tracey

‘Fixed costs did not apply to a personal injury case which had fallen out of the protocol, the Court of Appeal has asserted. In Doyle v M&D Foundations & Building Services Ltd, Lord Justice Phillips ruled that there was no ambiguity in an agreed court order requiring the defendant to pay costs that were “subject of detailed assessment if not agreed.” ‘

Law Society's Gazette, 11th July 2022

Source: www.lawgazette.co.uk

PI costs ruling could have “significant” impact on settled cases – Legal Futures

Posted July 11th, 2022 in appeals, barristers, compensation, costs, news, part 36 offers, personal injuries by tracey

‘A Court of Appeal ruling that the wording of a settlement of a personal injury claim supplanted fixed costs could have “significant” implications, including for cases that have already settled, a leading costs barrister has warned.’

Legal Futures, 11th July 2022

Source: www.legalfutures.co.uk

Deputy Master hits out at “unnecessary” expenditure in judicial review and clinical negligence claims on arguing about costs at assessment – Local Government Lawyer

Posted November 4th, 2021 in civil procedure rules, costs, judicial review, news, part 36 offers by sally

‘The Home Secretary wasted public money by protractedly disputing costs in a case involving unlawful detention, a Deputy Master in the High Court has said.’

Local Government Lawyer, 4th November 2021

Source: www.localgovernmentlawyer.co.uk

Does Qualified One-way Costs Shifting (“QOCS”) constrain a defendant’s liberty to seek, or the court’s discretionary power to permit, a set-off between opposing costs orders? – Lamb Chambers

Posted November 2nd, 2021 in civil procedure rules, compensation, costs, damages, news, part 36 offers, personal injuries, set-off, Supreme Court by sally

‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’

Lamb Chambers, October 2021

Source: www.lambchambers.co.uk

Qualified one-way costs shifting – Law Society’s Gazette

Posted October 26th, 2021 in accidents, appeals, civil procedure rules, compensation, costs, damages, news, part 36 offers, personal injuries, Supreme Court by sally

‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’

Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Court of Appeal boosts claimant PI solicitors with fixed-costs ruling – Legal Futures

Posted July 9th, 2021 in civil procedure rules, costs, news, part 36 offers, personal injuries, solicitors by michael

‘The Court of Appeal has handed a boost to claimant personal injury (PI) solicitors by applying the more generous fixed costs regime for cases where the claimant in a low-value matter dies.’

Legal Futures, 9th July 2021

Source: www.legalfutures.co.uk

Claimant has £200k costs paid despite winning only £10 damages – Law Society’s Gazette

Posted June 23rd, 2021 in civil procedure rules, costs, damages, news, part 36 offers by sally

‘A High Court judge has found that the county court was entitled to order costs in favour of a claimant who secured nominal damages of £10 at trial.’

Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

Court upholds validity of £1 part 36 offer by party awarded £10 – Litigation Futures

Posted June 23rd, 2021 in civil procedure rules, costs, damages, news, part 36 offers by sally

‘The High Court has upheld a decision that a party that made a part 36 offer of £1 and received nominal damages of £10 was entitled to the usual costs consequences of beating their offer.’

Litigation Futures, 21st June 2021

Source: www.litigationfutures.com

Claimants awarded £2,000 damages – and ordered to pay £500,000 interim costs – Law Society’s Gazette

Posted June 3rd, 2021 in construction industry, costs, damages, dispute resolution, negligence, news, part 36 offers by sally

‘A litigant in a building dispute who claimed £3.7m in damages – only to be awarded just £2,000 at trial – has been hit with a costs bill of at least £500,000.’

Law Society's Gazette, 2nd June 2021

Source: www.lawgazette.co.uk

Part 36 Offers : Children and Protected Parties Wormald -v- Ahmed [2021] EWHC 973 (QB) – St Philips Barristers

Posted May 14th, 2021 in accidents, chambers articles, civil procedure rules, compensation, damages, news, part 36 offers, personal injuries, road traffic by sally

‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’

St Philips Barristers, 13th May 2021

Source: st-philips.com

Defendant can resile from part 36 offer accepted before protected party’s death – Litigation Futures

Posted April 23rd, 2021 in accidents, civil procedure rules, compensation, damages, executors, news, part 36 offers, personal injuries by sally

‘It would be unjust for a defendant to be bound by the acceptance of a six-year-old part 36 offer on behalf of a protected party just hours before their death, the High Court has indicated.’

Litigation Futures, 22nd April 2021

Source: www.litigationfutures.com

Defendant contests Part 36 offer accepted on the day claimant died – Law Society’s Gazette

Posted April 22nd, 2021 in delay, news, part 36 offers, personal injuries by sally

‘A High Court judge has suggested it would be “unjust” for a defendant to be held to a six-year-old Part 36 offer accepted hours before the claimant died.’

Law Society's Gazette, 21st April 2021

Source: www.lawgazette.co.uk

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