Part 36: The Default Costs Rule (latest Court of Appeal)


SKU: PART36 Categories: ,


This is a Level 2: Experienced Practitioner webinar

In Tuson v Murphy EWCA 2018  the Court of Appeal have given the latest decision on the relevant costs rule to apply where there has been late acceptance of a defendant Part 36 offer. This decision will have far reaching implications for all cases where Part 36 Offers are in existence and decisions need to be made about late acceptance. During this webinar we will be looking at the important decisions on the exercise of the discretion to depart from the default costs rule when it is unjust. We will also be looking at the latest Court of Appeal decision in Hislop v Perde; Kaur v Committee of Ramgarhia Board Leicester [2018] EWCA Civ 1726

After watching our Webinar you will have learnt:

  • The default costs provisions of Part 36
  • The circumstances in which the Court may consider it unjust for the default costs order to apply where there is late acceptance of the defendant’s Part 36 offer
  • The latest application of the discretion on costs in recent key decisions
  • The relevance of the key decision in Tuson in relation to defendant Part 36 offers
  • The possible relevance of non-disclosure by the Claimant to late acceptance of a defendant Part 36 offer and the cost consequences

We will be discussing:

  • Costs on late acceptance – the Rule
  • Exceptions
    • CPR 36.14 – Default costs Order
    • The injustice Test (CPR 36.17(5))
    • Case Law examples
      • Tiuta Plc v Rawlinson & Hunter (A Firm) [2016] EWHC 3480
      • Purser v Hibbs[2015] EWHC 1792 (QB)
      • SG (A Child) v Hewitt [2012] EWCA Civ 1053
      • Hayward v Zurich Insurance Co Plc [2016] UKSC 48
  • Tuson v Murphy [2018] EWCA Civ 1461 a study
    • New information
    • Failure to disclose – misleading information
    • Application of CPR 36.13(5)
  • Hislop v Perde; Kaur v Committee of Ramgarhia Board Leicester [2018] EWCA Civ 1726 on late acceptance of Part 36 in Portal exits and the relationship between CPR 36.13  and CPR36.20

Book this Webinar if you want to be able to:

  • Make decisions on late acceptance of Part36 offers with full knowledge of the costs consequences
  • Advise Claimants on the likely costs consequences of a late acceptance of Part 36 offers
  • Make realistic assessment of the relevant factors influencing the overturning of the Part 36 default costs
  • Advise the Claimant on the relevant factors which will influence the court when ruling on the applicability of the injustice test for the default costs order
  • Apply knowledge of recent key decisions on the exercise of the Part 36 costs discretion to advise Claimants on the costs consequences of late acceptance
  • Advice the Claimant on the effect of material non-disclosure on the possible late acceptance of the defendants Part 36 offer


This webinar is now available as a recording and you can access it whenever you wish. The recording link can be accessed for a whole year after the initial presentation. Our delegates will also receive the power point presentation slides used by our trainer during the webinar presentation

Your Trainer:

NEW – Ogden: How to use the Supplementary Tables and Tables A-DNicky Carter is a self-employed Solicitor and Legal Trainer and has been delivering training for us since 2010.



Prices for MASS Members are £75 for a single view and £150 for a group view

Prices for Non Members are £95 for a single view and £190 for a group view

Book online via our website by choosing an option above or fill in our booking form and return it to

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