Part 36 Offers - Court of Appeal Reiterates the Costs Consequences of Accepting a Part 36 Offer Out of Time
Briggs v CEF Holdings Ltd (2017)CA (Civ Div) (Gross LJ, Asplin J) 13/07/2017
The Court has overturned a district judge's decision not to make the usual costs order following the late acceptance of a Part 36 offer by a claimant.
The claimant injured his foot in a workplace accident and brought a claim against his employer. He issued in January 2012 and disclosed an orthopaedic report with an unfavourable prognosis.
Forbes at Trial: CPR 44.15 - The Lesser Used QOCS Exception
Walmsley v Wigan Council
The Claimant alleged that he tripped in a defect on a pavement sustaining personal injury.
A breach of duty was admitted with the Claimant put to strict proof as to causation, both factual and medical, with various concerns raised as to the Claimant's veracity. Contributory negligence was also alleged.