Part 36 Offers & Fixed Costs

A regional costs judge has concluded that he was wrong to rule in a previous case that late acceptance of a Part 36 offer automatically entitled the claimant to an award of indemnity costs, and thus provided an escape route out of fixed costs. Judge Ian Besford decided that his widely reported decision in Sutherland v…

Late Acceptance of a Part 36 Offer: When Should a Court Depart From the Usual Costs Order?

Knibbs -v-Heart of England NHS Foundation Trust (23/6/2017) This was a significant clinical negligence claim against three Defendants, which was ultimately compromised in the sum of £200,000, following acceptance of the Defendants’ Part 36 offer, albeit one month out of time. The Defendants sought an order that the Claimant pay their costs of the action from…