Kerry Underwood

PART 36: EVERYTHING IN FULL HOWEVER SMALL THE MARGIN

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The matters dealt with in this piece are examined in great detail in my three volume, 1,300 page book Personal Injury Small Claims, Portals and Fixed Costs – price £50 and available from Underwoods Solicitors here.

Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

In

Hochtief (UK) Construction Ltd & Anor v Atkins Ltd [2019] EWHC 3028 (TCC)

the Technology and Construction Court, part of the High Court, allowed the claimant the Part 36 bonuses in full, where the claimant beat its own Part 36 offer of £875,000 by just £4,847.

The court awarded indemnity costs from the date of expiry of the time for accepting the offer and interest at 6% above base rate on those costs.

The court also awarded a damages uplift of £65,123.77 in accordance with the statutory formula, and interest on all damages at 6% above base rate.

The decision re-inforces the fact that the starting point is that a claimant who matches or beats its own Part 36 offer, by however small an amount, or indeed nothing where it matches the offer, should get the full Part 36 bonuses.

Written by kerryunderwood

November 15, 2019 at 10:25 am

Posted in Uncategorized

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