Description
Departure from the normal consequences of Part 36.
Where a defendant to a negligence claim had placed early emphasis on the need for disclosure of particular documents to enable it to assess liability, the claimant had acted unreasonably and against the spirit of the Pre-Action Protocol by refusing to provide the disclosure. Notwithstanding the that the normal order would be for the claimant to have its costs up to the defendant's acceptance of the Part 36 Offer, in the circumstances it would be unjust to follow the normal rule as to costs under Part 36.
