This year started well for personal injury lawyers with the Court of Appeal’s judgement in Broadhurst v Tan (February). Lord Dyson concluded that a claimant who beats their own part 36 offer at trial is not restricted to recovering fixed costs.
Broadhust was later applied by the High Court in Lowin v W Portsmouth & Co (June) to disapply the cap on the costs of provisional assessment; and by the Intellectual Property Enterprise Court in PPL v Hagan (November) where it was held that neither staged costs nor costs caps applied where a claimant beat its own part 36 offer.
Read more of Alex Bagnall's blog here: Litigation Futures
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