Part 36: Proceed with caution

Herbert Smith Freehills LLP | The Commercial Litigation Journal | March/April 2018 #78
Maura McIntosh offers a useful update on dealing with CPR Part 36 ‘If you want to preserve any costs protection of an earlier offer, do not suggest in a subsequent offer that the costs consequences will run only from that offer.‘ This article considers a number of practical points arising from four recent decisions relating …

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Costs: The price of ambiguity

Forsters LLP | Property Law Journal | June 2016 #342
Littlestone v Macleish [2016] sheds light on whether landlords’ costs on dilapidation claims are recoverable on a standard or indemnity basis. Rosalind Cullis explains ‘The decision in Littlestone suggests that landlords pursuing damages claims and with the benefit of a similarly worded clause in their lease can, if successful, seek to recover their costs on …

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