||All England Reporter
|| All ER (D) 478 (Jul)
||Court of Appeal, Civil Division
Brooke, Buxton and Carnwath LJJ
||Roger Mallalieu (instructed by The James Smith Partnership, Skegness) for the claimant.
||Alasdair Brough (instructed by Lyons Davidson, Bristol) for the defendant.
||27 July 2004
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.
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.
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