Application in Private
There was no sufficient change of circumstances or legal outlook to justify withdrawal of the Part 36 offer or refusal of permission to accept; claimants are permitted to accept the offer, but costs are apportioned to prevent a 'free ride' for claimants who delayed acceptance.
- Parties
- Claimant: Claimants; Defendant: Visa Defendants
- Jurisdiction
- England and Wales
- Judgment Date
- 14 February 2017
- Procedural Posture
- Commercial / Post Trial Applications Regarding Part 36 Offers
- Outcome
- Claimants granted permission to accept Part 36 offer; defendants refused permission to withdraw offer.
- Legal Topics
- CPR Part 36 Offers, Costs Orders, Settlement, Change of Circumstances, Anti Competitive Practices
Case Brief
Summary, issues, holding and outcome
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Parties
Claimants
Claimant
Visa Defendants
Defendant
Procedural Posture
Commercial / Post Trial Applications Regarding Part 36 Offers
Legal Issues
- 1 Whether claimants should be permitted to accept Part 36 offers during trial
- 2 Whether defendants should be permitted to withdraw Part 36 offers during trial
- 3 Appropriate costs consequences of acceptance during trial
Ratio Decidendi
There was no sufficient change of circumstances or legal outlook to justify withdrawal of the Part 36 offer or refusal of permission to accept; claimants are permitted to accept the offer, but costs are apportioned to prevent a 'free ride' for claimants who delayed acceptance.
Court Disposition
Claimants granted permission to accept Part 36 offer; defendants refused permission to withdraw offer.
Orders
- Claimants may accept Part 36 offer as of today.
- Defendants to pay claimants' costs up to 28 November 2016.
Full Case Text
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