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Two cases about QOCS where the claimant accepted a Part 36 offer late

03/01/23

Two recent cases make clear that defendants to personal injury and clinical negligence claims cannot generally enforce orders for costs in their favour when a claim settles via Part 36. However, the Civil Procedure Rules Committee is seeking to change this.

You can read Christopher Cooke's summary of the decisions in Chappell v Mrozek and Harrison v University Hospitals of Derby & Burton NHS Foundation Trust here.