Rowlands & Ors v Bryn Alyn Community (Holdings) Ltd

Rowlands & Ors v Bryn Alyn Community (Holdings) Ltd

The correct date for interest under CPR 36.21(2) is the date of the trial judge's judgment, not the Court of Appeal's. Interest on costs under CPR 36.21(3)(b) should be awarded at 4% over base rate from the date work was done or liability for disbursements incurred up to the date of the judge's order for costs, as it is not unjust to do so even in publicly funded cases.

Parties
Claimants/respondents: Rowlands & ors; First Defendant: Bryn Alyn Community (Holdings) Ltd (In Liquidation); Second Defendant/appellant: Royal and Sun Alliance PLC
Jurisdiction
England and Wales
Judgment Date
24 March 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Costs and Interest Following Main Appeal
Outcome
Appeal and cross-appeal both partially allowed; orders varied.
Legal Topics
Part 36 Offers, Interest on Damages, Interest on Costs, Indemnity Costs, Appeal Procedure
Civil Procedure Costs Part 36 Offers Interest on Damages Interest on Costs Indemnity Costs Appeal Procedure

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Parties

Rowlands & ors

Claimants/respondents

Bryn Alyn Community (Holdings) Ltd (In Liquidation)

First Defendant

Royal and Sun Alliance PLC

Second Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Costs and Interest Following Main Appeal

Legal Issues

  1. 1 What is the correct date for calculating interest under CPR 36.21(2)?
  2. 2 Should interest on costs be awarded under CPR 36.21(3)(b)?
  3. 3 Did the compromise between parties preclude the claimants from challenging the refusal to award interest on costs?

Ratio Decidendi

The correct date for interest under CPR 36.21(2) is the date of the trial judge's judgment, not the Court of Appeal's. Interest on costs under CPR 36.21(3)(b) should be awarded at 4% over base rate from the date work was done or liability for disbursements incurred up to the date of the judge's order for costs, as it is not unjust to do so even in publicly funded cases.

Court Disposition

Appeal and cross-appeal both partially allowed; orders varied.

Orders

  • Interest under CPR 36.21(2) to run from the last day the defendant could have accepted the offer to the date of the trial judge's judgment.
  • Interest on costs under CPR 36.21(3)(b) awarded at 4% over base rate from the date work was done or liability for disbursements incurred up to the date of the judge's order for costs.