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No payment on account of costs on accepted Part 36 offer (Finnegan v Spiers)

No payment on account of costs on accepted Part 36 offer (Finnegan v Spiers)
Published on: 15 November 2018
Published by: LexisPSL
  • No payment on account of costs on accepted Part 36 offer (Finnegan v Spiers)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: The question before the court was whether it had power to order a payment on account of costs where a Part 36 offer has been accepted under CPR 36.13(1) and so by CPR 44.9(1) it is deemed that a costs order has been made on the standard basis. (Note, the judgment erroneously refers to CPR 33(1) which does not exist). The payment on account provision is CPR 44.2(8). It was held that no such power exists. or take a trial to read the full analysis.

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