header-logo header-logo

Home Login E-newsletter About us
15 July 2019 / Paul Bracewell
Categories: Features , Procedure & practice , Costs
printer mail-detail

Avoid at all costs

© Copyright LexisNexis 2026. All Rights Reserved.
Practitioners should steer clear of making Pt 36 offers with costs conditions attached, warns Paul Bracewell
  • Pt 36 offers which include terms as to costs are inconsistent with the Pt 36 rule, HHJ Matthews has held in Knight and another v Knight and others.

 A Pt 36 offer (pre-issue) which imposes a condition as to costs is not a valid offer, HHJ Matthews (sitting as a High Court judge) held in Knight and another v Knight and others [2019] EWHC 1545 (Ch).

The case is also notable for rejecting the claimants’ argument that the defendants’ failure to accept a reasonable offer, made outside of Pt 36, should lead to the claimants being awarded indemnity costs.

The facts of the case

The case had been to trial in March 2019 on the issue of the beneficial ownership of the proceeds of sale of property. The claimants are the administrators of an estate and the defendants are the brother and sister-in-law of the deceased. The defendants lost and accepted that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
Read All
NLJ this week: Property cases reshape established principles
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
NLJ this week: Stress ruling raises the bar for employers
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
NLJ this week: Can Manchesterism revive access to justice?
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
NLJ this week: Constitutional conventions tested as power changes hands
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
NLJ this week: Lawyers must become product designers
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
Copyright © 2026 LexisNexis
back-to-top-scroll