Provision is also made both in respect of defendants’ costs where a defendant successfully counterclaims and the costs recoverable by both parties in related interim applications
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Part 36 and PD36 Offers to settle and payments into court
New rules make provision in respect of the fixed costs a claimant may recover where the claimant either accepts or fails to beat a defendant’s offer to settle made under Part 36 of the CPR. Provision is also made with regard to defendants’ costs in those circumstances. If a defendant refuses a claimant’s offer to settle and the court subsequently awards the claimant damages which are greater than or equal to the sum they were prepared to accept in settlement, the claimant will not be limited to receiving his fixed costs, but will be entitled to costs assessed on the indemnity basis in accordance with rule 36.14. Provision is also made both in respect of defendants’ costs…
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