The Civil Procedure Rules 1998

Costs and other consequences where claimant does better than he proposed in his Part 36 offer

36.21—(1) This rule applies where at trial—

(a)a defendant is held liable for more; or

(b)the judgment against a defendant is more advantageous to the claimant,

than the proposals contained in a claimant’s Part 36 offer.

(2) The court may order interest on the whole or part of any sum of money (excluding interest) awarded to the claimant at a rate not exceeding 10% above base rate ^(GL) for some or all of the period starting with the latest date on which the defendant could have accepted the offer without needing the permission of the court.

(3) The court may also order that the claimant is entitled to—

(a)his costs on the indemnity basis from the latest date when the defendant could have accepted the offer without needing the permission of the court; and

(b)interest on those costs at a rate not exceeding 10% above base rate^(GL).

(4) Where this rule applies, the court will make the orders referred to in paragraphs (2) and (3) unless it considers it unjust to do so.

(Rule 36.12 sets out the latest date when the defendant could have accepted the offer)

(5) In considering whether it would be unjust to make the orders referred to in paragraphs (2) and (3) above, the court will take into account all the circumstances of the case including—

(a)the terms of any Part 36 offer;

(b)the stage in the proceedings when any Part 36 offer or Part 36 payment was made;

(c)the information available to the parties at the time when the Part 36 offer or Part 36 payment was made; and

(d)the conduct of the parties with regard to the giving or refusing to give information for the purposes of enabling the offer or payment into court to be made or evaluated.

(6) The power of the court under this rule is in addition to any other power it may have to award interest.