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The relevant Part 36 rules
Where a Part 36 offer is accepted after the relevant period has expired, the court will determine costs unless the parties have reached an agreement (rule
36.13(4)(b)). When C’s offer is accepted late, the presumption is that C will be awarded their costs up to the date on which the offer was accepted (rule 36.13(5)). The court is required to apply the presumption in rule 36.13(5) ‘unless it considers it unjust to do so’, in which case it can make a different costs order. The defendant in Pallett attempted to limit their costs liability by accepting the claimant’s offer after the relevant period.
The High Court recently declined to lift a stay of the hearing of an application for the enforcement, under the Arbitration Act 1996, of certain arbitral awards and a related jurisdictional objection by the respondent (Russia) on grounds of sovereign immunity. Among other things, a court's powers under the Arbitration Act to order an adjournment of proceedings and the payment of security are not applicable where there is an unresolved state immunity challenge under the State Immunity Act.
In cases involving allegations of trade secret misappropriation, litigants and courts necessarily face an important dilemma: how to protect the confidential nature of the trade secrets .