![JLE v Warrington & Halton Hospitals NHS Trust Foundation Trust [2019] EWHC 1582 (QB)](https://i1.wp.com/tmcls.co.uk/wp-content/uploads/2019/06/JLE-v-Warrington-Halton-Hospitals-NHS-Trust-Foundation-Trust-2019-EWHC-1582-QB.jpg?resize=180%2C180&ssl=1)
This was an appeal against the decision of Master McCloud not to award the claimant a 10% ‘additional amount’ under CPR 36.17(4) on grounds that it would be disproportionate and unjust to do so where the claimant had beaten its own offer by just £7,000 on a bill assessed at £431,813.05.
![HORNE v PRESCOT (NO.1) LTD [2019] EWHC 1322 (QB)](https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/06/HORNE-v-PRESCOT-NO.1-LTD-2019-EWHC-1322-QB.jpg?resize=180%2C180&ssl=1)
Disagreeing with Judge Robert Owen QC in Potter v Sally Montague (Nottingham CC), HHJ Nicol found that a Part 36 Offer made in detailed assessment proceedings and expressed to be exclusive of interest was a valid Part 36 Offer.
![Knight & Anor v Knight & Ors (Costs) [2019] EWHC 1545 (Ch)](https://i1.wp.com/tmcls.co.uk/wp-content/uploads/2019/06/Knight-Anor-v-Knight-Ors-Costs-2019-EWHC-1545-Ch-.jpg?resize=180%2C180&ssl=1)
This was another in a line of cases which confirms that a Part 36 Offer cannot contain any provision as to costs. Disagreeing with Hildyard J in Proctor & Gamble Co v Svenska Celluslosa HHJ Paul Matthewsheld that he was bound by the Court of Appeal decisions in Mitchell v James and French v Groupama, neither of which had been cited to Hildyard J, that no term as to costs should be included in a Part 36 offer, even if to the benefit of the offeror.
This was a decision of Deputy Master Friston (author of Friston on Costs) in the Senior Courts Costs Office. Having determined that the Claimant had made and beaten a valid Part 36 Offer solely in relation to hourly rates the Master concluded that it would be unjust to award them an additional 10% uplift on the assessed profit costs.
![INVISTA v BOTES AND OTHERS [2019] EWHC 1086 (Ch)](https://i1.wp.com/tmcls.co.uk/wp-content/uploads/2019/05/INVISTA-v-BOTES-AND-OTHERS-2019-EWHC-1086-Ch-1.jpg?resize=180%2C180&ssl=1)
In this rare costs decision following a breach of confidence claim from their ex-employers, a multinational corporation, the defendants successfully persuaded HHJ Birss that despite his finding that the claimant had achieved a more advantageous outcome than their own Part 36 offer under CPR 36.17(1)(b), it would be unjust pursuant to CPR 36.17(4) to order that the usual costs consequences should apply.
