Broadhurst & Anor v Tan & Anor

Broadhurst & Anor v Tan & Anor

Where a claimant makes a successful Part 36 offer in a section IIIA fixed costs case, they are entitled to costs assessed on the indemnity basis from the date the relevant period expired, not limited to fixed costs. Rule 36.14A does not modify rule 36.14(3), and the specific provisions of Part 36 prevail over the general fixed costs regime.

Parties
Appellant: Broadhurst; Appellant: Taylor; Respondent: Tan; Respondent: Smith
Jurisdiction
England and Wales
Judgment Date
23 February 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal in Broadhurst allowed; appeal in Smith dismissed.
Legal Topics
Costs, Personal Injury, Part 36 Offers, Fixed Costs, Indemnity Costs
Civil Procedure Costs Personal Injury Part 36 Offers Fixed Costs Indemnity Costs

Case Brief

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Parties

Broadhurst

Appellant

Taylor

Appellant

Tan

Respondent

Smith

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a claimant who makes a successful Part 36 offer in a fixed costs personal injury case is entitled to costs assessed on the indemnity basis or limited to fixed costs under section IIIA of Part 45.

Ratio Decidendi

Where a claimant makes a successful Part 36 offer in a section IIIA fixed costs case, they are entitled to costs assessed on the indemnity basis from the date the relevant period expired, not limited to fixed costs. Rule 36.14A does not modify rule 36.14(3), and the specific provisions of Part 36 prevail over the general fixed costs regime.

Court Disposition

Appeal in Broadhurst allowed; appeal in Smith dismissed.

Orders

  • Broadhurst entitled to costs assessed on the indemnity basis from the date the relevant period expired.
  • Smith not entitled to appeal; lower court decision stands.