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England and Wales Case Law

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Property law

Kevin Cooper & Ors v Ludgate House Limited

The Claimants were the successful parties but not wholly successful, as they established liability and obtained substantial damages but failed to obtain an injunction. The Defendant's Part 36 offers did not alter the costs position because the Claimants either beat the offers (Powells) or the Defendant failed to prove its offer was more advantageous (Cooper). The Defendant's November 2024 offer was a valid Part 36 offer, but the burden of proving it was not beaten was not discharged.

Source excerpt

  • Rights to light
  • Damages in lieu of injunction
  • Costs orders
  • Part 36 offers
  • Nuisance
  • Statutory compensation
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Civil procedure

Laura Attersley v UK Insurance Limited

Where a Part 36 offer is accepted after the relevant period in an ex-Protocol claim not yet allocated to the multi-track at expiry of the relevant period, rule 36.20 applies and claimant is restricted to fixed costs; allocation to the multi-track after expiry does not retrospectively disapply fixed costs regime.

Source excerpt

  • Costs
  • Fixed costs
  • Part 36 offers
  • Rta protocol
  • Multi-track allocation
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Civil procedure

Jin Gumbrell v YPG Pembroke Studios Ltd

The claimant sufficiently complied with the unless order by supplementing the claim form with the required documents; the order was not clear enough to require a fresh standalone particulars of claim. The court and parties proceeded as if the claim was live, and the judge who made the order accepted compliance. The claim was not struck out and the appeal is allowed.

Source excerpt

  • Unless orders
  • Compliance with civil procedure rules
  • Particulars of claim
  • Relief from sanctions
  • Part 36 offers
  • Effect of winding up orders
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Property law [2026] EWHC 484 (Ch)

Cooper & Ors v Ludgate House Ltd

Cooper & Ors v Ludgate House Ltd [2026] EWHC 484 (Ch) (05 March 2026)

Post-trial costs decision in a rights-to-light dispute. The claimants were successful overall, but costs were apportioned after partial success and Part 36 issues.

  • Rights to light
  • Injunctions
  • Damages in lieu
  • Costs
  • Part 36 offers
  • Rights-to-light
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Civil procedure [2026] EWHC 343 (Comm)

Power Projects Sanayi Insaat Ticaret Limited Sirketi v Star Assurance Company Ltd (Re Consequential Matters)

Power Projects Sanayi Insaat Ticaret Limited Sirketi v Star Assurance Company Ltd (Re Consequential Matters) [2026] EWHC 343 (Comm) (18 February 2026)

The Commercial Court held it retained jurisdiction to award Part 36 consequential remedies, including enhanced interest, an additional amount, indemnity costs, and interest on costs.

  • Part 36 offers
  • Costs
  • Interest
  • Exclusive jurisdiction clauses
  • Indemnity costs
  • Part-36-offers
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Civil procedure [2026] EWCA Civ 44

Gumbrell v YPG Pembroke Studios Ltd

Gumbrell v YPG Pembroke Studios Ltd [2026] EWCA Civ 44 (04 February 2026)

The Court of Appeal held that a litigant in person had sufficiently complied with an order to file particulars of claim, so the claim was not struck out.

  • Compliance with unless orders
  • Particulars of claim
  • Relief from sanctions
  • Part 36 offers
  • Litigant in person procedure
  • Insolvency moratorium
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Civil procedure

Jayden James Smithstone v Tranmoor Primary School

Although a 90:10 liability offer is in principle capable of engaging CPR 36.17, on the facts of this case, liability was never determined and the outcome was not more advantageous to the claimant than the offer. Therefore, the claimant's solicitors are limited to recovering fixed costs.

Source excerpt

  • Costs
  • Part 36 offers
  • Fixed costs regime
  • Settlement
  • Judgment definition
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Civil procedure

Robert Gagliardi v Evolution Capital Management LLC

The start of trial for CPR 36 purposes is the first day the parties are required to attend court, not judicial pre-reading days. The claimant's Part 36 offer was made in time, so the consequences of CPR 36.17(4) apply. The defendant failed to show it would be unjust for those consequences to apply. Indemnity costs are only warranted for the abusive counterclaim, not the litigation as a whole.

Source excerpt

  • Part 36 offers
  • Costs consequences
  • Interpretation of 'start of trial'
  • Indemnity costs
  • Interest on judgment
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Civil procedure [2026] EWCA Civ 13

Smithstone v Tranmoor Primary School

Smithstone v Tranmoor Primary School [2026] EWCA Civ 13 (16 January 2026)

The Court of Appeal held that a 90:10 liability Part 36 offer can, in principle, engage CPR 36.17, but the claimant could not recover enhanced costs here.

  • Costs
  • Part 36 offers
  • Fixed costs regime
  • Settlement
  • Judgment definition
  • Part-36-offers
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Civil procedure [2025] EWHC 3488 (Comm)

Gagliardi v Evolution Capital Management LLC

Gagliardi v Evolution Capital Management LLC [2025] EWHC 3488 (Comm) (19 December 2025)

The High Court held that a Part 36 offer was made in time despite judicial reading days, so CPR 36.17(4) applied. Indemnity costs were ordered only for the counterclaim.

  • Part 36 offers
  • Costs consequences
  • Interpretation of 'start of trial'
  • Indemnity costs
  • Interest on judgment
  • Part-36-offers
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.