Case Alert - [2017] EWHC 2707 (QB)
Court decides not to order the usual costs consequences for ace
pting a Part 36 offer outside the relevant period.
Where a Part 36 offer is accepted after the end of the relevant
period, the defendant will pay the claimant's costs of the
proceedings up to the expiry date of the relevant period and the
offeree will pay the offeror's costs from the expiry date of
the relevant period to the date of acceptance (unless the court
orders otherwise because it considers those costs consequences to
be unjust).
In this case, the claimant accepted the defendant's Part 36
offer after the end of the relevant period and the defendant argued
that it should be entitled to its costs from an earlier period and
should also get its costs from the end of the relevant period on an
indemnity basis. Warby J held as follows:
