The potential consequence of a withdrawn Part 36 Offer

withdrawn

Mr Justice Marcus Smith determined costs in a case where a Part 36 Offer made by the defendant which was higher than the sum of damages awarded but withdrawn prior to judgment being handed down was not sufficient to reverse the incidence of costs entirely. However, he determined that the making of a commercial offer early on that was not beaten did mean that it would be unjust for the defendant to pay any of the claimant’s costs. Accordingly, he made no order as to costs.

BRITNED DEVELOPMENT LTD v ABB AB & ANOR [2018] EWHC 3142 (CH)