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Many eminent commentators have stated from the outset fundamentally the CPR Part 36 regime is incompatible with QOCS and serves to undermine the whole point of QOCS

My reading of the judgment was that the claimant would get fixed costs only following the late acceptance of a part 36 in settlement before trial but would still be able to argue for additional costs, albeit on the standard basis at any trial itself.
So it would seem the court is encouraging Claimants not to make Part 36 offers until the later stages of a case. There is no incentive to do so. Any incentive arguably lies in running it to trial and making a late Part 36 offer when the trial is looming



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