Posts by Colm Nugent

  • Pallett v MGN: the unintended consequences of Part 36?

    The very recent decision in Pallett v MGN Limited is probably one the most significant decisions as regards the operation of Part 36 for many years, albeit that it is based upon established Part 36 principles. It has consequences for any claimant making a Part 36 offer and any defendant accepting an offer.

  • Judicial discretion and issue-based costs orders: Terracorp v Mistry and others

    The recent judgment of the High Court (Miles J) in Terracorp v Mistry and others offers comprehensive and useful guidance on the operation of discretion concerning costs and, in particular issue-based costs orders. Although a dispute concerning land, the costs decision is of much broader and general application.