A case which could have far reaching consequences both now and in the future was handed down last week. In Broadhurst v Tan and another the court of appeal held that a claimant who beats his or her own Part 36 offer will not be limited to fixed costs but will be entitled to assessed costs on an indemnity basis. 

The decision is an important one not only for those acting for claimants who’s claims are subject to the current fixed costs regime but, with the spectre of fixed costs hanging over clinical negligence and NIHL matters, also for litigators who deal with those sort of claims. A Part 36 offer can of course be made on liability only and the potentially large benefits of making a successful Part 36 offer by negating proportionality arguments under the current regime and possibly avoiding fixed costs in the future should not be ignored.