“It is a sad fact that the provisions of Part 36, intended to promote settlement of litigation, and thus to minimise costs, have themselves been productive of numerous appeals to this Court, and in consequence substantial costs in what is effectively satellite litigation.”
This quote is from the beginning of Sir Stanley Burnton’s judgment in the recent case of Webb v Liverpool Women’s NHS Foundation Trust, where the Court of Appeal had to consider whether a claimant who had beaten her own Part 36 offer should be deprived of some of her costs because she was only successful in respect of one of her two allegations. Although it is lamentable that a great deal of costs have been incurred by litigants simply on the meaning of Part 36, this case has clarified some of the issues and will hopefully prevent more satellite litigation in this area of the law. Continue reading
