Sutherland v Khan (2016) unreported Hull CC DJ Besford 21 April

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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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 …

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