Hertel and another v Saunders and another

Costs – Orders for costs. The words 'claim', 'part of a claim' and 'issue' in CPR Pt 36 referred to pleaded claims, parts of claims or issues and not other claims or issues which might have been intimated in some way, but never pleaded. Accordingly, the judge had been right to decide that the defendants' offer to the claimants on an indicated a new claim, which had not yet been granted permission, had not been in accordance with CPR Pt 36 and that CPR 36.10(2) had not applied.

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