- Provisional assessment and Part 36 offers (Lowin v Portsmouth)
- Practical implications
- Does the provisional assessment cap apply in Part 36 cases?
- Court details
Dispute Resolution analysis: Laing J has held that the provisions in Part 36 in relation to costs consequences are incorporated in Part 47 such that the costs cap for provisional assessment, set out in CPR 47.15(5), will not apply if the offeror betters the offer on assessment. In such cases, costs will be determined applying the Part 36 costs consequences allowing indemnity costs and can exceed the cap of £1,500.
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