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Pt 36: an offer you can’t refuse?

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18 June 2021 / Kris Kilsby
Issue: 7937 / Categories: Features , Profession , Costs
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Kris Kilsby outlines why a Pt 36 offer is the best method of protection during costs assessment proceedings
  • Mullaraj v Secretary of State for the Home Department and Pt 36 offers: background; parties’ submissions; decision reached.

The case of Mullaraj v Secretary of State for the Home Department [2021] Lexis Citation 51 has provided further judicial comment that a paying party should not expect to obtain a different order for costs at the conclusion of a provisional assessment hearing simply by relying on CPR 47.20(3)(b) when the paying party hasn’t beaten any previous offers made.

Background

The matter originated as the claimant, an Albanian national, had entered the country by lorry in December 2014 and was then detained by Thames Valley Police. Prior to her removal a claim was brought for unlawful detention. A settlement was reached in October 2019 where the Secretary of State for the Home Department (SSHD) agreed to pay damages of £12,500 plus costs on the standard basis, to be assessed if

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