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In Ram v Brighton & Hove Bus and Coach Company (18th March 2010) Neil Davy won a claim on behalf of a Defendant in which his client had made an early offer to the Claimant that, if the Claimant discontinued, it would accept such a discontinuance on the basis that the Claimant paid 75% of its costs. Neil successfully argued that, although the offer did not amount to a formal Part 36 Offer, the Court should exercise its discretion and order the Claimant to pay the Defendant's costs on an indemnity basis from 21 days after the date of the offer. In particular, the Court accepted that, in a case where the Defendant was confident of success, it could not make a Part 36 Offer as this would have the effect of requiring the Defendant to pay the Claimant's costs, and that accordingly the offer that was made was a reasonable one and should have been accepted.
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