Court of Appeal
Seabrook
v
Adam
[2021] EWCA Civ 382
2021 March 10; 18
Lewison, Asplin, Males LJJ
PracticeSettlement of actionOffer to settleClaimant bringing personal injury claim under two heads of lossDefendant admitting liability but denying causationClaimant making offer to settle claim for 90% of damagesOffer letter referring only to “liability” and not to “causation”Defendant refusing to accept offerJudge awarding 100% of damages for only one head of claimed lossWhether claimant having bettered Part 36 offerWhether claimant’s offer to be construed as also relating to “causation”Whether offer addressing entirety of claim CPR r 36.5(1)(d)
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