- Cited — Allan John Doyle v M&D Foundation & Building Services Limited 2022-07-08
“…In Broadhurst v Tan [2016] EWCA Civ 94, [2016] 1 WLR 1928 this Court determined that, where a claimant in an ex-Protocol case obtained judgment at least as advantageous as a Part 36 offer they had made, the claimant w…”
- Explained — Ho v Adelekun 2019-11-19
“…In Broadhurst v Tan [2016] EWCA Civ 94, [2016] 1 WLR 1928, Lord Dyson MR said at paragraph 30 that “fixed costs and assessed costs are conceptually different”. He explained:…”
- Cited — Ho v Adelekun 2019-11-19
“…First, Mr Mallalieu advanced a powerful argument that assessed costs and fixed costs are “conceptually different” (see Broadhurst v Tan [2016] EWCA Civ 94, [2016] 1 WLR 1928 at [30] and [33]), so that the words “costs to be subject to detailed assessment if not agreed” in the offer letter indicated an intention to depart from the f…”
- Cited — Global Assets Advisory Services Ltd & Anor v Grandlane Developments Ltd & Ors 2019-10-23
“…44.2(8) which must be resolved. In this regard, Mr Cohen referred us to Lowin v W Portsmouth & Co Ltd [2017] EWCA Civ 2172; [2018] 1 WLR 1890, Broadhurst v Tan [2016] 1 WLR 1928, Solomon v Cromwell Group plc [2012] 1 WRL 1048; [2011] EWCA Civ 1584 and Hislop v Perde [2019] 1 WLR 201. In each of those cases there was an apparent tension…”
- Cited — Hislop v Perde 2018-07-23
“…ers more than a Part 36 offer, he or she is entitled to indemnity costs from the date that the offer became effective: see Broadhurst v Tan [2016] EWCA Civ 94; [2016] 1 WLR 1928. That leaves what might be called the cases in the middle, where a defendant accepts the claimant’s Part 36 offer many months after it was made, and the case d…”