Costs not relevant to whether a Part 36 offer has been
18 November 2016
Mayer Brown Legal Update
The High Court recently held that costs do not fall to be taken into consideration in determining whether a judgment against a defendant is at least as advantageous to a claimant as proposals contained in the claimant’s Part 36 offer. The Court also considered what factors it should take into consideration, such as commercial realities and dishonest conduct, when deciding what Part 36 costs order it should make. This case concerned the pre- April 2015 Part 36 costs consequences.