Daily Archives: 21st June 2018

Only Claimants entitled to Part 36 indemnity as standard

Cost NewsBy James May 21st June 2018

Shalaby v London North West Healthcare NHS Trust [2018] EWCA Civ 1323 The Court of Appeal has ruled that the provisions of Part 36 do not entitle a Defendant to recover costs on an indemnity basis if a Claimant has not beaten a Part 36 offer. In the case of Shalaby, Mr Shalaby had brought…

Part 36 Offers – The Importance of Attention to Detail

Cost NewsBy Helen Coates 21st June 2018

Hogg v Newton (Judgment handed down 18th May 2018) highlights the importance of ensuring that every intended element of a claim is included, or excluded, within a Part 36 offer, and also emphasises the danger of not withdrawing Part 36 offers, no matter how old. The brief facts of the case are that the Claimant…