Case No. IP-2016-000050
Intellectual Property Enterprise Court

Case No. IP-2016-000050

Fecha: 13-Dic-2017

The offers

4.The Claimants made two Part 36 offers. The first was contained in a letter from the Claimants’ solicitors dated 18 February 2016, in which the Claimants offered £35,000 in full settlement of the claim. In addition, the Claimants offered to pay the costs of the Defendant (“Ms Kogan”) on the standard basis, to be assessed if not agreed, up to the date of notice of acceptance if within the relevant period as defined in Part 36. This offer was made before the Claim Form was issued on 6 April 2016. 5.The second was in a letter from the Claimants’ solicitors dated 19 September 2017. It was expressly stated to be independent of the earlier offer, although it repeated the offer to pay £35,000 in full settlement of the claim and by this time also the counterclaim, including interest. The difference was that Ms Kogan would be liable to pay the Claimants’ costs up to the date of service of the notice of acceptance, to be assessed if not agreed. 6.The Part 20 Defendants made a Part 36 offer on 14 September 2017. They offered to pay £5,000 including interest, minus any sum Ms Kogan had agreed to accept from the Claimants, in full and final settlement of the Part 20 Claim against them. 7.Ms Kogan accepted none of these offers. She responded with a Part 36 offer of her own to the Claimants dated 26 September 2017, but given the outcome of the trial it carries no significance.