Court of Appeal Decides Part 36 Trumps Fixed Costs - Shirley Denyer, Shirley Denyer LLP & Knowledge Services Consultant for FOIL
16/03/16. Following a number of conflicting decisions across the country, the Court of Appeal has now settled the conflict between the rules on fixed costs and the rules under Part 36 which apply in circumstances where the claimant brings a claim under the RTA Portal process (to which fixed costs will apply) and then beats his or her own Part 36 offer. The Court of Appeal says that Part 36 will prevail (allowing for indemnity costs to be awarded). By analogy the same conclusion will apply to a claim started under the EL/PL Protocol.
In the appeals of Broadhurst v Tan and Taylor v Smith the circumstances were the same. Claims were started under the RTA Protocol for personal injuries incurred in road traffic accidents; the claimants made Part 36 offers to settle the claims which were rejected by the defendants; and the claimants subsequently obtained judgments for sums in excess of their Part 36 offers...
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