Practical Law

In the 14 June 2019 blog entitled Part 36 offers in Part 47 Assessments: all clear now or still confused, the case of Horne v Prescot was considered in the context of the validity of Part 36 offers in detailed assessment proceedings. In Horne, Nicol J had decided that an offer to accept the sum of £82,000 “in full and final settlement of her [the claimant’s] claim for costs exclusive of interest and exclusive of the costs of assessment“(emphasis added) was a valid offer under Part 36. It followed that when the offer was rejected and the costs were assessed at £91,807, the claimant became entitled to the benefits available under CPR 36.17(4)(a)-(d). These included an additional amount of 10% of the assessed costs, enhanced interest at up to 10% over base rate on both the assessed costs and the costs of assessment, with the latter to be paid on the indemnity basis. Continue reading →