Winning and losing under Part 36

"Beating" a Part 36 offer will not necessarily lead to a costs order in your favour. As the Court of Appeal explained in Carver v BAA, the new terminology of Part 36 expands the courts' discretion when determining costs beyond a strictly financial comparison of an offer (or payment-in made before April 2007) and a judgment. Read our analysis of this potentially far reaching decision and consider our action points when reviewing all Part 36 offers, whether it is one you have made or received.