tag:blogger.com,1999:blog-5574479.post3310757811222886419..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Part 36 offers in the IP Enterprise CourtVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-60357953272198986012016-12-12T14:18:44.674+00:002016-12-12T14:18:44.674+00:00Very interesting. It does however make a mockery ...Very interesting. It does however make a mockery of the IPEC costs cap, since a party with deeper pockets will simply make a part 36 offer early in the procedure and will then benefit from the possibility of indemnity costs being claimed for the entirety of the process, or at least the trial (with many part 36 offers being made in the final month to allow the massive costs of the final weeks to be reclaimable on an indemnity basis).<br /><br />If we combine that with the rather tiny position on accounts of profits in the UK this means that a large party can make a "medium" offer knowing that there is a substantial risk it will not be beaten at trial and the enormous costs of the other side will fall upon it. If the other side think that a case is going to take a huge amount of work then the answer is to apply for it to be transferred (and accept the risk both ways): if this case is right a large litigant who has been sued by a smaller one can make a tactical part 36 offer which exposes the other side, but not them.<br /><br />In one fell swoop the decision of HHJ Hacon undermines all his hard work on IP Pro Bono. It was always the case that the 10% uplift did not fall within the cap - as a result it was possible to get more than the £50k limit - but this goes a lot further.Anonymousnoreply@blogger.com