Court of Appeal rejects attempt to inject Part 36 into Upper Tribunal Rules

Mann and Ors v Transport for London [2018] 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

Fixed costs and Part 36 offers…the saga continues!

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!