No Exit

Para 7.12 RTA Protocol | No Interim Payment Without A Stay

“If a claimant wishes to benefit from the provisions of paragraph 7.13 to 7.22 (and by doing so be paid an interim payment), he or she must obtain a stay under paragraph 7.12. This, to my mind, is the natural reading of the Protocol. It is also entirely understandable why the drafters of the Protocol would wish to restrict a claimant’s ability to seek interim payments under paragraphs 7.13 and 7.18 to certain defined circumstances (namely, those that are set out in paragraph 7.12)…. it must follow that the Claimant wrongly exited the Portal.”

Unacceptable

CPR 21.10 | Can A Part 36 Offer Be Withdrawn After Acceptance But Before Court Approval?

This case addressed two novel questions:

i) Where a protected party accepts a Part 36 offer is the other party subsequently able to withdraw that offer before approval of the settlement?

ii) When the court is asked to approve a settlement, on what grounds (if any) can a Part 36 offer be withdrawn?

Fixed recoverable costs

Part 36 Acceptance And Conventional (Assessed) vs Fixed Recoverable Costs

Overturning a first appeal decision of His Honour Judge Wulwik in the High Court, Lord Justice Newey determined that acceptance of a Part 36 Offer which referred to CPR 36.13 and offered to pay “costs to be subject to detailed assessment if not agreed” did not amount to contracting out of fixed costs, which continued to apply.