Wigg & Co - Part 36 Offer Pre-Action
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Where a Part 36 Offer is made and accepted pre-action and no proceedings are issued the Claimant is entitled to its costs. See KT and Others (minors) -v- Bruce (2011) EWHC 1730. Legislation currently before parliament proposes an additional sanction (equivalent to 10% of damages) for defendants who fail to accept a claimant's reasonable Part 36 Offer.
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