Q&As

In relation to a claimant's part 36 offer to multiple defendants. When a case proceeds to trial and the court awards damages, are damages compared against one of the part 36 offers or the total sum of all of the part 36 offers?

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Published on LexisPSL on 10/09/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • In relation to a claimant's part 36 offer to multiple defendants. When a case proceeds to trial and the court awards damages, are damages compared against one of the part 36 offers or the total sum of all of the part 36 offers?

In relation to a claimant's part 36 offer to multiple defendants. When a case proceeds to trial and the court awards damages, are damages compared against one of the part 36 offers or the total sum of all of the part 36 offers?

How Part 36 works in relation to multiple parties depends on what offer(s) were made and on precisely what terms, as detailed in Practice Note: Part 36 offers—multiple defendants or multiple proceedings.

Unfortunately, we have been unable to find any specific authority on the precise point raised. However, by way of further explanation of the authorities noted in the above Practice Note:

In Linklaters Business Services v Sir Robert McAlpine Ltd, Linklaters as claimant had made two separate Part 36 offers to the two defendants (McAlpine and How). In each, Linklaters offered to accept £2.28m (at trial Linklaters ‘beat’ this sum being awarded £2.8m). Linklaters had made separate (albeit identical) Part 36 offers because it had brought separate claims against the two defendants, arising out of the same matter, and a subsequent application to consolidate the two actions had been rejected by the court, although the court ordered the two actions to be tried together. In considering costs, the judge noted that because there had been two separate Part 36 offers, and both defendants accepted them, then Linklaters would have recovered well in excess

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