30 SECOND READ – Part 36 Offers
Professor Dominic Regan
A nightmare for claimant solicitors is the Part 36 offer made by a defendant at a time when the value of the claim is unclear. Late acceptance means that, almost inevitably, some costs will be payable to the defendant.
The excellent Lambert J in CAMPBELL V MOD (2019) EWHC ( QB) 2121 has said that the prudent precaution is to secure a stay. That stops the costs clock from running on. I have been an ardent admirer of her since I first met her in 2012 and she is a top tip for elevation to the Court of Appeal.