- Part 36 offer as to costs—correct approach to rewards where a good offer is made (JLE v Warrington)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The court has provided guidance on the application of CPR 36.17(4) dealing with when a court may consider it unjust to order that the claimant be entitled to certain benefits. It considers whether the benefits under the rule are severable ie they can be ordered individually. The judgment, also commented on the following two points: Part 36 rewards did not differ between damages offers and costs ones and, on an obiter basis, the uplift under CPR 36.17(4)(d) is all or nothing. Written by Professor Dominic Regan of City Law School, London and special adviser to Affiniti Finance.
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