Omya UK Ltd v Andrews Excavations Ltd and Another [2022] Costs LR 1295
[2022] Costs LR 1295
Where the claimant had beaten their own Part 36 offer at trial by only a small margin, the Part 36 offer was nevertheless a genuine offer to settle and the normal consequences pursuant to CPR 36.17 applied. The defendants’ conduct had been so far out of the norm so as to also justify an order that the claimant’s costs of the proceedings up to expiry of the Part 36 offer be assessed on the indemnity basis.
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