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Accepting Part 36 offers after 21 days

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.

NEO Bankside residents take Tate Modern overlooking battle to Supreme Court

Tate Modern neighbours head to Supreme Court over relentless invasion of privacy

Residents of the Neo Bankside flats (left) say that nosy visitors to Tate Modern are peering into their homes from the viewing platform of the Blavatnik Building © Fred Romero Residents of a luxury development on London’s South Bank who lost a legal battle to close part of the tenth-floor viewing platform at Tate Modern are now taking their case to the UK Supreme Court. Owners of four flats in the Neo Bankside block located alongside the gallery, previously claimed in court that “hundreds of thousands of visitors” to Tate Modern were looking into their homes from the viewing space located in its Blavatnik building. Early last year, the case was thrown out of court when the residents lost the latest round of their legal battle with the gallery at the Court of Appeal.

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