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Part 36 Offers: Looking for explicit instructions
Melanie Homersham investigates entitlement to indemnity costs after the late acceptance of a Part 36 offer ‘It is important to note there is no automatic entitlement to costs on the indemnity basis if a paying party accepts the claimant’s Part 36 offer after the 21-day period and there has been no judgment.’ One of the …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Broadhurst v Tan; Taylor v Smith [2016] EWCA Civ 94
- Car Craft Test Centre & John Martin v Kirsty Trotman & Advantage Insurance Company (2017) unreported, Stoke County Court, DJ Etherington, 3 February
- Excelsior Industrial & Commercial Holdings v Salisbury Hammer Aspden and Johnson [2002] EWCA Civ 879
- Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd [2009] EWHC 274 (TCC)
- Hart v Pizza Hut (2015) unreported, Chester County Court, 1 November
- Sutherland v Khan (2016) unreported Hull CC DJ Besford 21 April
- Whiting v Carillionamey (Housing Prime) Ltd (2016) unreported, claim no B80YM364, Winchester County Court, HHJ Hughes QC, 10 October