Excelsior Industrial & Commercial Holdings v Salisbury Hammer Aspden and Johnson [2002] EWCA Civ 879

Costs: To fix or not to fix?

Paul Jones considers the potential conflict between fixed costs and Part 36 offers ‘Could the court, following late acceptance of a Part 36 offer in a fixed-costs case, make an order for the costs incurred in the late period to be paid in addition to the fixed costs?’ The system of fixed costs, which covers …

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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 …

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