- Court rules late acceptance of Part 36 offer not a route to escape fixed costs (Parsa v DS Smith PLC and another)
- What are the practical implications of the judgment?
- What was the background?
- What did the High Court decide?
Personal Injury analysis: Roger Mallalieu, barrister at 4 New Square, examines the High Court’s decision in Parsa v DS Smith PLC and another upholding a County Court ruling that it lacked jurisdiction to award costs on an indemnity basis. The claimant’s final Part 36 offer to settle his low value personal injury claim arising out of a road traffic accident was only accepted by the defendants four months after the expiry of the 21-day period for acceptance and just a week before trial.
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