Introduction
1.2.On 4 December 2017 I heard submissions on the form of order. The main dispute concerned costs, in particular the effect on costs of a successful Part 36 offer by the Claimants. I reserved judgment to be handed down in written form because there has been wider interest in the effect of a Part 36 offer in this court, particularly since Public Performance Limited v Hagan [2016] EWHC 3076 (IPEC); [2017] FSR 24. 3.As at the trial, Tom Weisselberg QC appeared for the Claimants, Simon Malynicz QC and Ashton Chantrielle for the Defendant and Jonathan Hill for the Part 20 Defendants.
- Introduction
- The offers
- The rules
- Costs consequences following judgment
- The effect of a successful claimant’s Part 36 offer on costs in IPEC
- The effect of a successful defendant’s Part 36 offer on costs in the IPEC
- Whether Part 20 costs are subject to separate caps
- The effect of the offers in these proceedings
- Quantum
- Interest
- Time to pay
- Conclusion
