||All England Reporter
|| All ER (D) 238 (Jan)
|| EWCA Civ 22
||Court of Appeal, Civil Division
Simon Brown, Waller and Sedley LJJ
||Nicholas Strauss QC and Jonathan Middleburgh (instructed by Edwin Coe) for the EC claimants.
||David Friedman QC and Rachel Ansell (instructed by the Treasury Solicitor) for the defendant.
||28 January 2002
Costs - Payment into court - Costs after payment in - Defendant making payment in - Claimant failing to accept payment in within time limit - During trial defendant making amendment to case on basis of information in his possession at date of payment in - Claimant accepting payment in immediately after amendment - Whether claimant entitled to costs up to date of amendment - CPR Pt 36.
There was no rule that where a defendant made a Pt36 payment which the claimant did not accept and then the defendant made a significant amendment to his case on the basis of information which had always been available to him, and the claimant then promptly accepted the Pt36 payment, that the claimant should be taken to be the successful party.
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