| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 478 (Jul) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Brooke, Buxton and Carnwath LJJ |
| Representation | Roger Mallalieu (instructed by The James Smith Partnership, Skegness) for the claimant. |
| Alasdair Brough (instructed by Lyons Davidson, Bristol) for the defendant. | |
| Judgment Dates: | 27 July 2004 |
Catchwords
Civil costs - Order for costs - Part 36 offer - Defendant's offer not accepted - Judge finding judgment sum for claimant bettering defendant's offer - Judge ordering defendant to pay claimant's costs after date of offer - Correctness of decision - Civil Procedure Rules 1998, SI 1998/3132, r 36.20.
The Case
In considering whether a successful claimant had bettered a defendant's Pt36 offer, it would be necessary to compare like with like. In making an order for costs pursuant to CPR36.20, a judge had to consider what the payment into court represented, and then consider whether the amount of the judgment sum had been less than that amount.
Practice Areas
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