Mann and Ors v Transport for London  EWCA Civ 1520. Lord Justice Lindblom on appeal from the Upper Tribunal (Lands Chamber): "The Tribunal's discretion as to costs is a deliberately broad discretion, exercisable in a wide variety of proceedings. The Rules do not contain provisions corresponding to those in the self-contained procedure in CPR … Continue reading Court of Appeal rejects attempt to inject Part 36 into Upper Tribunal Rules
In the recent case of Marcura Equities FZE & Anor v Nisomar Ventures Ltd & Anor  EWHC 523 (QB), the court was required to consider the use of ‘without prejudice’ and ‘without prejudice save as to costs’ in determining what could be taken into consideration in deciding what order for costs to make. The … Continue reading It’s as easy as WPSATC
DJ Besford’s judgment, handed down recently, in the case of Whalley v Advantage Insurance (2017) concluded that late acceptance of a Part 36 offer will not guarantee the Claimant automatic entitlement to costs on the indemnity basis for the period of delay. This supersedes his previous ruling, which has been the subject of numerous conflicting … Continue reading Fixed costs and Part 36 offers…the saga continues!
Briggs v CEF Holdings Ltd (2017) Court of Appeal - Gross LJ & Asplin J This is another in a series of decisions concerning the entitlement to the costs incurred after the expiry of the ‘relevant period’ following the late acceptance of a Part 36 Offer. More specifically this case appears (from the Lawtel report) … Continue reading Tough Line on Late Acceptance