Know What's Happening in Legal

Claimant Late to Accept Part 36 Offer Restricted to Fixed Costs, Rules Court of Appeal

The Court of Appeal ruled that a claimant who accepts a Part 36 offer after the 21‑day deadline remains bound by the fixed‑cost regime that applied when the offer was made. In Attersley v UK Insurance Ltd, the claim moved to the multi‑track after the offer, but the court held that the later acceptance did not unlock higher standard costs. The judgment upholds the principle that Part 36 aims to encourage prompt settlements and prevents claimants from gaining a cost windfall by delaying acceptance. The decision overturns a lower‑court ruling that had suggested otherwise.