“…e of thumb” approach favoured by Coulson J (as he then was) in Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd [2010] 2 Costs LR 115; [2009] EWHC 274 (TCC). In that case there was no trial. A Part 36 offer had been accepted after the expiry of the relevant period and Coulson J…”
“…ays be a question of fact in each case; there is no presumption to that effect. In Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd(3) [2009] EWHC 274 (TCC); [2010] 2 Costs LR 115, I said:…”