News in brief 7th July 2016

Bell tolls for Burcher Jennings

Burcher Jennings has added Costs Lawyer Matthew Bell to its Manchester team and relocated the office to new premises in Wilmslow. Mr Bell, who relocates from the firm’s Cumbrian office, has a broad practice in commercial litigation, clinical negligence, catastrophic injury, Court of Protection, and solicitor and own client disputes, together with costs management and negotiations.

Burcher Jennings said it now has the largest concentration of Costs Lawyers in the country.

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Interest did not take claimant past part 36 offer

A claimant who only beat his part 36 offer at trial because of the contractual interest on the damages awarded through to judgment was not entitled to enhanced costs under the rule, the High Court has ruled.

In Purrunsing v A’Court & Co (a firm) & Anor [2016] EWHC 1528 (Ch), HHJ Pelling, sitting as a High Court judge, said that a part 36 offer was deemed to include only the interest to the date when the relevant period for accepting the offer expired.

He ruled: “By CPR rule 36.5(4), a part 36 offer to pay money is deemed to include all interest down to the date when the relevant period for acceptance of the offer expires. In order to work out whether a judgment is more advantageous than such an offer, it is necessary to ensure that the offer or the judgment sum is adjusted by eliminating from the comparison the effect of interest that accrues after the date when the relevant offer could have been accepted.

“In my judgment, this is the effect of the words ‘better in money terms’ in CPR rule 36.17(2). If that is not done, then comparing the offer with the judgment is not comparing like with like and thus it is not possible to assess whether the judgment is ‘more advantageous’ in money terms than the offer.”

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Post type
ACL News, Costs News
Published date
22 Aug 2016

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