Cost of adjudication not recoverable following Part 36 offer


In Wes Futures Ltd v Allen Wilson Construction Ltd [2016] EWHC 2863 (TCC), Coulson J held that the claimant was not entitled to recover from the defendant the cost of adjudication proceedings between the parties following the acceptance by the defendant of the claimant’s Part 36 offer. The costs of the adjudications were neither the ‘costs of the proceedings’ within r36(13)(1) of the CPR nor did they fall within the definition of ‘all our client’s legal costs incurred in this case’ in the letter sent by the claimant’s solicitors to the defendant. Thus, whether the case fell within the scope of Pt 36 or not the result was the same, namely that the claimant was not entitled to recover the cost of the adjudications.