Overview

The Court of Appeal has provided a helpful explanation of the cost implications of the amended form of part 36 of the Civil Procedure Rules (CPR), in Lisa Carver v BAA [2008], where a defendant’s part 36 offer is rejected and beaten — but only by a small amount. Lord Justice Ward summarised the issue the court had to decide as follows: “…if a claimant beats a payment of money into court by a modest amount, even £1, has she obtained a judgment more advantageous than the defendant’s part 36 offer or is the Court entitled to look at all the circumstances of the case in deciding where the balance of advantage lies?”

To read more click 'View Briefing'