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Tag: CPR 36

Posted on May 14, 2021June 22, 2021

Open meeting of the Civil Procedure Rules Committee 2021 – Costs update

The CPRC annual open meeting took place today via Teams following last year’s successful online meeting. One of the benefits of the past year’s enforced remote working has been the…

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Posted on April 7, 2021April 13, 2021

Part 36 – Important changes to Interest

From 1 April 2021 a key change to Part 36 means that additional interest will not be payable where the Part 36 offer is accepted after the relevant period unless…

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Posted on October 22, 2020December 14, 2020

Part 36 – is it unjust to award CPR 36 consequences when the defendant does not have the money to pay? (Rawbank -v- Travelex)

This article supplements and updates one titled Consequences of Beating a Part 36 Offer: Injustice published on 12 June 2019. The case of Rawbank SA -v- Travelex Banknotes Limited [2020]…

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Posted on October 5, 2020October 12, 2020

Part 36 – offer to pay by instalments

A summary of the rules relating to Part 36 offers which offer to make payments by instalments, and the effect on acceptance or judgment

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Posted on July 10, 2019October 12, 2020

INTEREST IS NOT PAYABLE ON AN ADDITIONAL AMOUNT AWARDED UNDER CPR 36.17(4)(d)

Where the Court awards an “additional amount” under CPR 36.17(4)(d) as a claimant / receiving party beating its own Part 36 offer, the additional amount will not attract “enhanced” interest under CPR 36.17(4)(a).

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Posted on June 26, 2019October 12, 2020

A PART 36 OFFER WHICH EXCLUDES INTEREST MAY BE VALID

A Part 36 offer in detailed assessment proceedings may be valid where it excludes interest under the Judgments Act 1838. In Horne -v- Prescot (No.1) Ltd [2019] EWHC 1322 (QB)…

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Posted on June 12, 2019October 12, 2020

CONSEQUENCES OF BEATING A PART 36 OFFER: INJUSTICE

Various cases have recently considered test of “unjustness” for the purpose of CPR 36.17, however the position remains unclear.

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Posted on March 5, 2019October 12, 2020

Consequences of beating a Part 36 offer may be varied by the Court

***THIS JUDGMENT HAS NOW BEEN SUPERSEDED*** Senior Courts Costs Office extends the principle in JLE v Warrington & Hamilton Hospitals NHS Foundation Trust [2018] EWHC B18 (Costs). In JLE  Master…

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