(Re)Insurance Weekly Update 19 - 2015

Welcome to the nineteenth edition of Clyde & Co's (Re)insurance and litigation caselaw weekly updates for 2015

This Week's Caselaw

Thai Airways v KI Holdings

Appropriate rate of discretionary interest following judgment/Part 36 issues

http://www.bailii.org/ew/cases/EWHC/Comm/2015/1476.html

The claimant won at trial, having beaten its Part 36 offer to the defendant. Some of the issues considered by the judge were are follows:

1. Would it be unjust to order the usual Part 36 costs consequences? Leggatt J held that it would be for the period of time when the claimant had failed to disclose the evidence relied on in support of its claim (as a result of which, the defendant had been unable to take an informed view of the quantum of the claim);