Pallett v MGN Ltd [2021] EWHC 76 (Ch)

Consideration of whether successful Claimant should be penalised in costs for failure to enter into settlement negotiations at an earlier stage and insisting on disclosure. Note that Court highlighted that every case turns on its own facts and that claimants "should not be taken as a green light for all claimants to decline to enter into negotiations before disclosure is complete. Such a posture would not be correct in every case. Each case must turn on its own facts. There may be other cases in which a non-engagement will be unreasonable. That will depend on the facts of those cases. Other cases may not involve the burdens of Part 36. The defendant will no doubt be concerned that every case will now go to disclosure. That would be regrettable, and should not be the case, and in any event the defendant can always seek to protect itself by making early offers which are more generous and less combative than they were in this case. Claimants should not seek to apply this case too generally."