This is the third in Gordon Exall’s popular annual updates on Part 36 and allied issues. It looks at  the significant cases  on Part 36 over the previous 12 months. Cases to be looked at include:

  • Holden -v- Holden – were Part 36 offers valid offers?
  • Colicci -v- Gringberg – a valid Part 36 offer and its impact on costs.
  • Chapman -v- Mid & South Essex NHS Foundation – 90% offer on liability was a valid and effective Part 36 offer.
  • IEH -v – Powell  – should “normal consequences” flow following late acceptance of a Part 36 offer?
  • Smout -v- Wulfrun Hotels – interest on Part 36 offers and litigation conduct.
  • ABFA Commodities -v- Petraco – misconduct in proceedings and its impact on Part 36 consequences.
  • Bell -v- Commissioner of Police for the Metropolis – additional liabilities when a claimant beats their own Part 36 offers.
  • Duke of Sussex -v- MGN – consequences when claimants fail to beat a Part 36 offer.

Click here to download the slides.

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