Category: Settlement

The Need to Be Clear: Percy v Merriman White and Professional Negligence

In the recent case Percy v Merriman White and Mayall, the Court of Appeal clarified what must be proved by a contribution claimant to succeed in their contribution claim.

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Claimant wins battle over Defendant’s late acceptance of Part 36 offer in phone hacking claim

In Pallett v MGN Ltd, a case concerning the newspaper phone hacking scandal, the High Court orders the Defendant, owner of the Mirror newspaper, to pay all of the Claimant’s costs of the proceedings, despite arguments that they had accepted the settlement offer outside of the 21 day relevant period under CPR Part 36.

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Costs: The perils of making a Calderbank offer without a time limit

Once proceedings have started, it is not correct to assume that all bets are off and it is too late to accept an offer (in all circumstances). In fact, offers that are not time-limited, not withdrawn, and not a Part 36 offer are open for acceptance during a hearing (and therefore capable of acceptance when a party is in the best possible position to know what a judge will order).