(Re)Insurance Weekly Update 23- 2018

Tuson v Murphy: Court of Appeal rules that claimant entitled to her costs after accepting Part 36 offer, even though she withheld material information about her claim

http://www.bailii.org/ew/cases/EWCA/Civ/2018/1461.html

Where a Part 36 offer is accepted within the relevant period, the claimant will get its costs from the defendant, as of right. However, where the offer is accepted outside the relevant period, the court will order that the defendant pays the claimant's costs of the proceedings up to the expiry date of the relevant period and the offeree pays the offeror's costs from the expiry date of the relevant period to the date of acceptance on the standard basis, "unless it considers it unjust to do so".