Description
In this case the court had to determine the effect of a Part 36 payment covering the whole matter where there had been a trial on a preliminary issue. The court found that the provisions of Part 36 encouraged an approach whereby the question of costs would be adjourned until all the issues in the case had been resolved. At that stage the court could exercise its discretion in relation to the Part 36 offer or payment. CPR r. 36.19 did not allow for the disclosure of the Part 36 payment in. In the instant case the judge should have reserved the question of costs pending determination of damages to be awarded in the claim. His decision was reversed.
