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Liability only Part 36 offers and indemnity costs

February 2016
Giles Tagg

In this article, Giles Tagg provides comment on the recent case of Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd, in which Mr Justice Edwards-Stuart considered the issue of liability only Part 36 offers in the context of an application for indemnity costs.

The outcome highlights the need for parties in litigation to conduct the earliest possible assessment of their liability exposure, using expert input from the relevant discipline. This is so that settlement offers can be given proper and swift consideration. Failure to do so can result in adverse costs consequences.

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