Blog

A Week in Costs (17 May to 23 May) – What have we learnt?

Posted on: May 24th, 2021 by Brett Anderson
We saw a detailed judgment in favour of the Claimant in the face of an allegation of Fundamental Dishonesty. In Long v Elegant Resorts Ltd EWHC 1330 (QB) the Court considered the extent to which the Claimant was placed on...

Paying the Part 36 Price for Late Provision of Evidence

Posted on: May 13th, 2021 by Brett Anderson
In the recent case of Head v The Culver Heating Company Ltd EWHC 1235 (QB) we witnessed the rare occurrence of the Court declining to Order the benefits under CPR 36.17(4) despite it being uncontested that the Claimant had...

Varying a costs budget and importance to do so promptly – Persimmon Homes Ltd & Anor v Osborne Clarke LLP & Anor [2021] EWHC 831 (Ch)

Posted on: May 4th, 2021 by Elena Kostova
An anticipated change to the disclosure model was held to not constitute a significant development to allow a variation of the Claimants budget. Further, Persimmon Homes Ltd & Anor v Osborne Clarke LLP & Anor EWHC...

Reasonable reader test applied in relation to dates in Part 36 offer – Kings Security Systems Limited v King & Anor [2021] EWHC 653 (CH)

Posted on: April 21st, 2021 by Elena Kostova
In the case of Kings Security Systems Limited v King & Anor EWHC 653 (CH) a question arose as to the validity of a Part 36 offer referring within the text to a date 21 days after sending by email but not factoring time...

Court of Appeal interprets Part 36 offers in light of the pleadings and any admissions made Seabrook v Adam [2021] EWCA Civ 382

Posted on: April 19th, 2021 by Elena Kostova
The case of Seabrook v Adam EWCA Civ 382 concerned the interpretation and effect of Part 36 offers made by the Claimant in a low value personal injury claim following a road traffic accident. The background The...