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An exception to the rule ? Late acceptance of a Claimant’s Part 36 offer can result in adverse costs consequences (indemnity basis award) in certain cases

An exception to the rule ? Late acceptance of a Claimant’s Part 36 offer can result in adverse costs consequences (indemnity basis award) in certain cases

The Claimant was awarded indemnity costs after the Defendant’s late acceptance of Part 36 Offer Holmes v West London Mental Health Trust [2018] Unreported Queen’s Bench Division 29 June 2018 At a hearing in the Queen’s Bench Division of the High Court, His Honour Judge Gore QC held that the Defendant’s conduct prior to accepting […]

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Costs Budget comparisons

Costs Budget comparisons

Red and White Services Ltd v Phil Anslow Ltd and Anor [2018] EWHC 1699 (Ch) In deciding the right level for the Claimant’s Costs Budget, the High Court Judge Mr Justice Birss rejected the Defendant’s suggestion that the Claimant’s budget has to be set roughly at the same level as the Defendant’s budget. “The Defendant’s […]

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QOCS case – Can an innocent Defendant recover its costs from damages paid by its culpable co-Defendants ?

QOCS case – Can an innocent Defendant recover its costs from damages paid by its culpable co-Defendants ?

Tomlin Order prevents a “successful” Defendant from recovering costs from the Claimant’s damages in a QOCS case Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654 (17 July 2018) The Court of Appeal has ruled that in principle a successful Defendant in a multi-defendant personal injury claim can enforce a costs Order in its favour […]

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