Hello Mr Shaw my name is ***** ***** I will help you with this.
Does the part 36 say it is a global sum?
Generally if costs are assessed you can knock about 25% off.
Therefore in this case if his costs are £23,000 you can expect to get it reduced to £17,250.
However that is not guaranteed and it may be that their costs are reasonable for the time spent.
So you could be going to Court and having costs assessed for a difference of £1650.
Its up to you, but if you fail to beat this costs offer then you are liable for their costs on the indemnity basis 21 days from the costs offer.
I would consider taking the Part 36, its always a risk and the margin is so close here
Can I clarify anything for yo about this today please?
It is a risk. The problem is the claim was found against you.
The normal rule is that costs follow the event, so you would be liable.
You could argue the claim was exaggerated and lies, but you still have a claim against you.
It is going to be a real risk. If you are going to go to the costs hearing I would suggest you take a costs draftsman and a Barrister to represent you.
There is a real risk if you dont beat the Pt36 offer you will get hammered.
I just invited you to consider the part36, but if you think you can do better, then get representation and go to the costs hearing
Does that clarify?
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