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Firstly, why are all the cases on this in Yorkshire ?

Secondly and probably more relevantly, the decision, if it stands and if it is followed, has demolished CPR Part 36.13 (5) in fixed fee cases.

(36.13 (4)(b) : Where a Part 36 offer which relates to the whole of the claim is accepted after expiry of the relevant period, the liability for costs must be determined by the court unless the parties have agreed the costs)

36.13 (5) : Where paragraph (4)(b) applies but the parties cannot agree the liability for costs, the court must, unless it considers it unjust to do so, order that—
(a) the claimant be awarded costs up to the date on which the relevant period expired; and
(b) the offeree do pay the offeror’s costs for the period from the date of expiry of the relevant period to the date of acceptance.

I think that this subject is going to have to depart Yorkshire at some point and become a matter for the CoA.

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