Part 36—no presumption in favour of indemnity costs on late acceptance (Hislop v Perde, Kaur v Ramgharia)

Table of contents

• Background
• The issues
• The decision of the Court of Appeal
• Practical points

Article summary

Dispute Resolution analysis: The Court of Appeal has now decided in the appeals of Hislop v Perde and Kaur v Ramgharia Board [2018] EWCA Civ 1726 (a) that there is no presumption in favour of indemnity costs on late acceptance of a claimant’s Part 36 offer; and (b) that where this occurs in fixed costs cases the recoverable costs are those defined by section IIIA of Part 45, and the general jurisdiction as to costs in CPR 36.13 has no role to play, meaning there is no place for assessed costs. Andrew Post QC and Imran Benson of Hailsham Chambers, both counsel in the case, consider the implications for practitioners.