Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd [2009] EWHC 274 (TCC) – Law Journals

Indemnity costs: Presume nothing

Andrew Post QC and Imran Benson look at how there is no presumption in favour of indemnity costs on late acceptance of a Part 36 offer ‘The only way out of the fixed-costs regime in such a case is to argue under Part 45.29J that there are exceptional circumstances making it appropriate for the claimant …

Continue reading "Indemnity costs: Presume nothing"

This post is only available to members.

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 …

Continue reading "Costs: To fix or not to fix?"

This post is only available to members.

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 …

Continue reading "Part 36 Offers: Looking for explicit instructions"

This post is only available to members.

Costs: Last minute decisions

Paul Jones offers insight into the recent cases that deal with Part 36 offers and fixed costs ‘On the question of whether the costs should be standard or indemnity basis, the defendant’s position was that the court should only order costs on the indemnity basis as a form of punishment for inappropriate conduct that merited …

Continue reading "Costs: Last minute decisions"

This post is only available to members.

Part 36: An offer you can’t refuse

Giles Hutt and Alex Sciannaca examine Part 36 and discuss possible reform ‘Part 36 is excessively technical and counter-intuitive to lawyers used to thinking in terms of contractual offer and acceptance, and as a result many offers are defective.’ One section of the Civil Procedure Rules (CPR) that is generally thought to work well, but …

Continue reading "Part 36: An offer you can’t refuse"

This post is only available to members.

Costs: The continuing saga of Part 36

Paul Jones investigates the latest challenge to the provisions There was no power within the CPR 36 for the court to enter judgment following an agreement between the parties as suggested by the claimant. If one considers the entirety of the Civil Procedure Rules (CPR), it would be difficult to counter the argument that CPR …

Continue reading "Costs: The continuing saga of Part 36"

This post is only available to members.