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Mark James and Matthew Waszak argued out an appeal on whether a defendant’s offer to settle that made no mention of costs actually included an offer to pay the costs of the claim and, if it did, whether the claimant should pay any of the defendant’s costs incurred before the expiry of a defendant’s Part 36 offer which the claimant accepted late.
The appeal court decided the first point in favour of the defendant and the second point in favour of the claimant.
Please see article Holiday Offer Goes Wrong.