A recent decision illustrates that the court may award indemnity costs to penalise unreasonable behaviour, including an unreasonable failure to accept a settlement offer: Walter Lilly & Company Limited v MacKay [2012] EWHC 1972 (TCC). That includes a Part 36 offer that has been withdrawn so that it does not carry the usual Part 36 costs consequences.

For more information, please see our Litigation Notes blog.


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