High Court considers new bonus in Part 36 regime

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By David Nessim

The recent case Feltham v Bouskell [2013] EWHC 3086 (Ch) is one of the first to consider the additional sanction under CPR 36.14(3)(d), introduced on 1 April 2013 as part of the Jackson Reforms.

Feltham v Bouskell concerned the professional negligence of a solicitor in failing to prepare a will for the relative of the claimant. Just prior to the commencement of trial, the claimant made a Part 36 offer that was not accepted by the defendant.

The court found in favour of the claimant. However, the judgment awarded was only slightly more advantageous to the claimant than the Part 36 offer rejected by the defendant…

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