Part 36: Humble offerings

David Sawtell analyses recent caselaw on Part 36 ‘There is a tension between the natural inclination to make a proportionate costs order where a party has lost on discrete issues and the prescriptive nature of Part 36.’Practitioners frequently debate tactics and strategy when negotiating the litigation and settlement of claims. One of the most important …
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Costs: The saga of Part 36 continues

Despite a long history, costs offers remain full of intricacies writes Paul Jones ‘The court accepted, in line with previous authorities, that Part 36 is generally to be considered as a self-contained code for determining costs but this did not usurp the general provisions in CPR 44.2 to make a partial costs order where appropriate …
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