← All Authorities
United Kingdom part 36 and calderbank

Chaplair Ltd v Kumari

[2015] EWCA Civ 798
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal
Year2015
StatusBinding authority

Summary

A defendant failing to beat a claimant's Part 36 offer faces mandatory enhanced costs consequences including indemnity costs and a 10% uplift, with only limited judicial discretion to disapply them.

Key Principle

Part 36 offers: a defendant who fails to beat a claimant's Part 36 offer faces enhanced costs consequences including indemnity costs and an additional 10% on damages; the court has limited discretion to disapply these consequences.

Area of Law

costs

Related Cases

Kazakhstan Kagazy plc v Zhunus (Costs) [2018] EWHC 2733 (Comm)

Indemnity costs ordered against defendant whose fraudulent asset concealment and systematic dishonesty throughout proceedings took conduct outside the norm.

Coventry v Lawrence (No 2) [2014] UKSC 46

CFA success fees and ATE insurance premiums are not incompatible with Article 6 ECHR, though the Supreme Court expressed concern about their proportionality.

Maxamcorp International S.L. v Eurotel LLC [2026] EWHC 666

International commercial dispute between Spanish and US entities, likely concerning telecommunications or technology services; doctrinal principle unclear from available information.

Ask CommonBench about this case

Get a detailed analysis of Chaplair Ltd v Kumari and how it applies to your situation.

Explain Chaplair Ltd v Kumari