0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

costs consequences caution when making last minute Part 36

15 August 2014

The judge ruled in Elsevier Ltd v Munro [2014] EWHC 278 that it would be ‘unjust’ to order the defendants to pay additional costs under CPR 36.14(3)(d) where the claimant had made a Part 36 offer close to trial. The offer expired on the day the defendants received the claimant’s witness statements and it was argued that there was not enough time to negotiate in light of the pace that proceedings were advancing.

The Part 36 offer was refused but not bettered at trial and as injunctive relief had been granted, was not a money claim. The judge held it would be ‘unduly harsh to criticise’ the defendants and ordering an additional amount of costs would be unfair and not the intention of the rules.

The judgment illustrates that where a Part 36 offer is made very close to trial and cannot be properly considered by the other party, costs consequences under CPR 36.14 will not necessarily follow and parties should be wary of this when making a last ditch attempt to settle before trial.

related opinions

Part 36 – is a loophole about to be closed?

Part 36 offers in litigation are used tactically to make a settlement offer while simultaneously placing the other side on risk of not ‘beating’ that offer at trial.

View blog

The Debt Respite Scheme and its implications for creditors

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 is due to come into force on 4 May 2021. It’s a snappy title but what exactly is it?

View blog

Remote trials – here to stay?

With cross-country travel and in person gatherings largely prohibited due to the Covid-19 pandemic, the Courts are using remote or virtual trials to ensure the justice system ticks along.

View blog

Directors who fail to prepare, should prepare to fail

Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up