Part 36 & Costs
I haven’t heard or read anything about defective Part 36 offers being made in costs. I have certainly seen a lot from opposing parties.
Furthermore, there are a couple of interesting things to consider:
1.Can Part 36 offers be disclosed to a Judge hearing an Application for an interim payment/interim costs certificate, if the same Judge isn’t allocated to the actual Detailed Assessment?
2.What happens where a receiving party beats its own Part 36 offer and the extra 10% gained takes them over the indemnity principle line?
3.Speaking of the extra 10%, I am yet to see any amended T&C’s or CFAs where the Solicitors state that they (the Solicitors) are entitled to keep the same, rather than passing it back to their client.
Apologies for the lack of posts recently (you three avid readers know who you are), I have been too busy thinking up lots of problems (see above), to kick start 2014 with.