Blackham v Entrepose UK

Blackham v Entrepose UK

The claimant failed to better the Part 36 payment because the judgment sum, when properly compared to the payment into court (both including interest only up to the last date for acceptance), was less than the payment. Therefore, the defendant is entitled to costs from 3rd December 2001 onwards.

Parties
Claimant/respondent: Stephen Blackham; Defendant/appellant: Entrepose UK
Jurisdiction
England and Wales
Judgment Date
27 July 2004
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed, cross-appeal dismissed
Legal Topics
Costs, Part 36 Offers, Interest on Damages
Civil Procedure Personal Injury Costs Part 36 Offers Interest on Damages

Case Brief

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Parties

Stephen Blackham

Claimant/respondent

Entrepose UK

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant bettered the Part 36 payment for the purposes of CPR 36.20
  2. 2 Proper comparison of judgment sum and Part 36 payment including interest
  3. 3 Appropriate order for costs post-Part 36 payment

Ratio Decidendi

The claimant failed to better the Part 36 payment because the judgment sum, when properly compared to the payment into court (both including interest only up to the last date for acceptance), was less than the payment. Therefore, the defendant is entitled to costs from 3rd December 2001 onwards.

Court Disposition

Appeal allowed, cross-appeal dismissed

Orders

  • Claimant to pay defendant's costs from 3rd December 2001 onwards
  • Costs assessed at £5,250