Tuson v Murphy [2018] EWCA Civ 1461

Part 36: An offer you can’t refuse

James Marwick and Marcus Coates-Walker provide an invaluable summary of the latest decisions in the ever-changing arena of Part 36 offers ‘Hislop, it is submitted, is yet another instance of the court having to construct a Part of the CPR which was simply not drafted with fixed costs in mind and where the poor drafting …

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Part 36: On the hoof

Oliver Middleton summarises a recent case of dishonesty and offers to settle ‘At first instance, the judge was asked to determine if the claimant’s alleged dishonest conduct rendered the usual cost consequences “unjust”, and should therefore be disapplied.’ In the recent case of Tuson v Murphy [2018], the Court of Appeal has overturned a decision …

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Part 36 offers: All-inclusive

James Manning summarises the key findings in Tuson v Murphy and highlights the alternative tactics the defendant could have adopted in the case ‘At the time M made an unconditional Part 36 offer to T in settlement of the whole of her claim, M knew that T had concealed the fact that she had become …

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