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Rule_62

05/13/14 5:07 PM

#17371 RE: Rule_62 #17369

Also, under part 36, if a settlement is reached but an agreement is not reached on costs in a settlement, the court can indeed award costs.

The parties must agree the liability for costs or, failing agreement, the court decides liability for costs



http://www.out-law.com/en/topics/dispute-resolution-and-litigation/settlement/part-36-offers-to-settle/



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TOB

05/13/14 8:41 PM

#17374 RE: Rule_62 #17369

The majority of cases are settled, as opposed to resulting in a judgement. You seem to be missing that original point.

There is no question that should the case go to trail, and result in a judgement in HDY's favour, then HDY will also likely be granted its reasonable costs. Conversely, they risk paying the other party's costs if they lose.

What would make that an 'exception' is that cases don't usually go that far. They end short of a judgement. That is my point.

The settlement would generally address costs. But very unlikely full costs, as a settlement is by definition a form of compromise.