Part 36: Recent cases and what they can teach us

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Gordon Exall looks at recent cases in relation to Part 36, including decisions relating to the construction and validity of Part 36 offers, issues in relation to whether and when offers are effective, and finally looking at the cases that deal with the consequences of a party failing to beat a Part 36 offer.

The cases to be considered include:

The construction and validity of Part 36 offers

Including a detailed look at the judgment in Essex County Council v UBB Waste (Essex) Ltd (No. 3) [2020] EWHC 2387 (TCC)

London Trocadero (2015) LLP v Picturehouse Cinemas Ltd & Ors [2021] EWHC 3103 (Ch)

O’Grady -v- B15 Group Limited [2022] EWHC 67 (QB).

The Huntsworth Wine Company Ltd v London City Bond Ltd [2022] EWHC 98 (comm)

Offers on liability when causation and damages are in issue

Seabrook v Adam [2021] EWCA Civ 382

The consequences of Part 36 offers when a trial is adjourned

Reader v SPIE Ltd & Anor [2021] EWHC 1221 (QB)

The consequences of not beating a Part 36 offer

Head v The Culver Heating Co Ltd [2021] EWHC 1235 (QB)

Elgamal v Westminster City Council [2021] EWHC 2510 (QB

Equitix Eeef Biomass 2 Ltd v Fox & Ors [2021] EWHC 2781 (TCC).

R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC B21 (Costs)

The Huntsworth Wine Company Ltd v London City Bond Ltd [2022] EWHC 98

About the speaker

Gordon Exall

Kings Chambers

Gordon qualified and practised as a solicitor and was a senior lecturer in law before being called to the Bar in 1991. He practises in the area of personal injury, fatal accidents, clinical negligence, sanctions, procedural issues, limitation and costs. He has been involved in several of the leading cases relating to procedure and the assessment of damages.

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