Broadhurst v Tan - Patrick McCarthy, Horwich Farrelly
23/09/16. Claimant lawyers across the land rejoiced earlier this year following the Court of Appeal judgment in Broadhurst v Tan (2016) which ruled that assessed costs, rather than fixed costs, apply to cases where a claimant ‘beats’ a Part 36 offer.
However, whilst initially disappointing, as the defendant in the case we’ve been closely monitoring the impact of the ruling and have observed what appear to be a number of positive benefits for both sides.
Background
The case was one of two conjoined hearings – the other being Taylor v Smith – heard together as the judges in the respective earlier hearings had ruled in opposing ways.
Both cases concerned claims which had started under the Pre-Action Protocols for Lower Value Personal Injury claims which had subsequently left the Portal, and proceeded to final hearing...
Image ©iStockphoto.com/imagestock
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
