PART 36: DOES A CLAIMANT GET INDEMNITY COSTS ON LATE ACCEPTANCE?
This blog is updated to 4 August 2016.
This subject is dealt with in my new book on Fixed Costs etc. To order one click here .
District Judge Besford, Regional Costs Judge, held that a late accepting defendant of a claimant’s Part 36 offer was liable to pay indemnity costs from the date of expiry of the time for accepting the offer.
This was a fixed costs case. Broadhurst v Tan and Taylor v Smith  EWCA Civ 94 (23 February 2016) establishes that a successful Part 36 claimant, that is one who matches or beats her or his own offer, is entitled to indemnity costs on an open basis, that is that those indemnity costs are not limited to a sum equal to fixed costs.
I deal with the Broadhurst case in my…
View original post 4,664 more words