Court of Appeal clarifies rules on enhanced relief where claimant beats its Part 36 offer to settle
In Telefónica UK Ltd v Office of Communications [2020] EWCA Civ 1374, the Court of Appeal allowed the claimant's appeal against an order awarding it only two of the four specified forms of enhanced relief available under CPR 36.17(4) after having beaten its own Part 36 settlement offer at trial. The case provides welcome clarity on the proper application of the court's discretion pursuant to CPR 36.17(4) and an important reminder of the cost consequences of failing to beat a claimant's Part 36 offer at trial.