Source: All England Reporter
Publisher Citation: [2002] All ER (D) 238 (Jan)
Neutral Citation: [2002] EWCA Civ 22
Court: Court of Appeal, Civil Division
Judge:

Simon Brown, Waller and Sedley LJJ

Representation 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.
Judgment Dates: 28 January 2002

Catchwords

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.

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.