Blackham v Entrepose UK [2004] EWCA Civ 1109 (27 July 2004)

Blackham v Entrepose UK [2004] EWCA Civ 1109 (27 July 2004)

A claimant fails to better a Part 36 payment if the judgment sum, calculated with interest only up to the last date for acceptance, does not exceed the gross sum specified in the Part 36 payment notice. The correct approach is to compare like with like, and interest accruing after the last date for acceptance is irrelevant to this comparison. The ordinary costs order under CPR 36.20(2) should apply unless it would be unjust.

Citation
[2004] EWCA Civ 1109
Parties
Claimant/respondent: Stephen Blackham; Defendant/appellant: Entrepose UK
Jurisdiction
England and Wales
Judgment Date
27 July 2004
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Costs Consequences of Part 36 Offers, Interpretation of 'better' in CPR 36.20, Interest Calculation on Damages, Social Security (recovery of Benefits) Act 1997 Deductions
Civil Procedure Personal Injury Costs Consequences of Part 36 Offers Interpretation of 'better' in CPR 36.20 Interest Calculation on Damages Social Security (recovery of Benefits) Act 1997 Deductions

Case Brief

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Parties

Stephen Blackham

Claimant/respondent

Entrepose UK

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claimant failed to better the Part 36 payment for the purposes of CPR 36.20
  2. 2 How to compare judgment sums and Part 36 payments inclusive of interest
  3. 3 Whether it was unjust to order the claimant to pay the defendant's costs after the relevant date

Ratio Decidendi

A claimant fails to better a Part 36 payment if the judgment sum, calculated with interest only up to the last date for acceptance, does not exceed the gross sum specified in the Part 36 payment notice. The correct approach is to compare like with like, and interest accruing after the last date for acceptance is irrelevant to this comparison. The ordinary costs order under CPR 36.20(2) should apply unless it would be unjust.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

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