Broadhurst & Anor v Tan & Anor [2016] EWCA Civ 94 (23 February 2016)

Broadhurst & Anor v Tan & Anor [2016] EWCA Civ 94 (23 February 2016)

A claimant who makes a successful Part 36 offer in a Section IIIA fixed costs case is entitled to indemnity costs from the date the relevant period expires, not limited to fixed costs, because rule 36.14A does not modify rule 36.14(3) and the rules must be interpreted accordingly.

Citation
[2016] EWCA Civ 94
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
Fixed Costs, Part 36 Offers, Indemnity Costs, Road Traffic Accident Protocol, Costs Assessment
Civil Procedure Personal Injury Fixed Costs Part 36 Offers Indemnity Costs Road Traffic Accident Protocol Costs Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 Section IIIA fixed costs case is entitled to indemnity costs or limited to fixed costs after the relevant period expires.

Ratio Decidendi

A claimant who makes a successful Part 36 offer in a Section IIIA fixed costs case is entitled to indemnity costs from the date the relevant period expires, not limited to fixed costs, because rule 36.14A does not modify rule 36.14(3) and the rules must be interpreted accordingly.

Court Disposition

Appeal in Broadhurst allowed; appeal in Smith dismissed.

Orders

  • Broadhurst: Appeal allowed; claimant entitled to indemnity costs after relevant period.
  • Smith: Appeal dismissed.