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27/09/2024
Anthony acted for the successful Respondent in the Court of Appeal in this case which sought to explore the correct interpretation and the validity of a Claimant’s Part 36 offer for the purposes of determining whether the costs consequences set out in CPR 36.17 should apply. Their Lordships agreed with both judges below that the Claimant had not beaten two 90:10 split liability offers in a situation where primary liability/breach of duty had been admitted but where the Defendant’s insurers sought to dispute the causation of the Claimant’s alleged injuries, successfully establishing at trial that the most serious of the two injuries that he had allegedly sustained could not be causally linked to the index accident.