The decision is significant as it recognises that a Part 36
offer can be genuine even without a damages element. Giving up the
damages entitlement was found to be a significant concession,
despite reasonable costs being sought as part of the offer.
In cases where the claimant is seeking an admission of liability
/ apology, defendants are able to ensure some costs protection by
making an offer to admit liability, even if the offer does not
include any damages.
Background
The Claimant was arrested on suspicion of harassment, but was
released without charge. Nonetheless the Claimant, upon entering
certain countries, would have been required to declare the arrest.
This would have caused disruption to his business activities.
