Disputing validity of Part 36 offer

J Murphy & Sons Ltd v Johnston Precast Ltd [2008] EWHC 3104 (TCC) 16 December

The claimant’s claim was dismissed after the defendant made an offer under Part 36. The claimant said because the defendant had advanced various arguments unsuccessfully, it should pay only 80% of the defendant’s costs, neither should it pay enhanced interest on the costs because the Part 36 offer was invalid, because it referred to settlement of claims not pleaded and, in any event, enhancement was only available to claimants.