Fixed-Cost Cases and the Reversal of Ruling on Part 36 Offers
Although Regional Costs Judge, District Judge Besford previously ruled that late acceptance of a Part 36 offer in fixed cost cases automatically entitled the Claimant to an award of indemnity costs (see Sutherland v Khan), he has now reversed his ruling. Since this Judgment there have been many circuit judge appeals and in the case of Whalley v Advantage Insurance ,District Judge Besford concluded that his previous decision was wrong and instead concluded that the fixed costs regime applied where any Part 36 offers had been accepted out of time unless there were “exceptional circumstances” or conduct justifying indemnity costs. To read more, please Click Here.
