Rachel Coppenhall looks at the judgment in this well reported and interesting business interruption claim, which saw the claimants being penalised in costs in respect of a Part 36 offer, which they beat. The case underlines the benefits of making a Part 36 offer, even in cases where a defendant is having to “guesstimate” and that costs protection may still be obtained where that offer is subsequently beaten, however the outcome in this claim is likely to be viewed as highly fact specific.
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