Swift v Carpenter

Swift v Carpenter

Appellant entitled to uplift on damages, indemnity costs from 23 July 2019, and interest at 4.5% on additional damages and costs. Costs of application to call expert witnesses awarded to respondent; costs of application to admit respondent's witness not awarded. Permission to appeal refused.

Parties
Appellant: Charlotte Swift; Respondent: Malcolm Carpenter; Intervener: Personal Injuries Bar Association
Jurisdiction
England and Wales
Judgment Date
06 November 2020
Procedural Posture
Civil Appeal / Judgment on Costs and Permission to Appeal
Outcome
Appellant awarded costs and interest as specified; permission to appeal refused.
Legal Topics
Costs, Interest, Part 36 Offers, Permission to Appeal
Civil Procedure Personal Injury Costs Interest Part 36 Offers Permission to Appeal

Case Brief

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Parties

Charlotte Swift

Appellant

Malcolm Carpenter

Respondent

Personal Injuries Bar Association

Intervener

Procedural Posture

Civil Appeal / Judgment on Costs and Permission to Appeal

Legal Issues

  1. 1 Entitlement to costs following Part 36 offer
  2. 2 Appropriate rate of interest on damages and costs
  3. 3 Responsibility for costs of applications regarding expert evidence

Ratio Decidendi

Appellant entitled to uplift on damages, indemnity costs from 23 July 2019, and interest at 4.5% on additional damages and costs. Costs of application to call expert witnesses awarded to respondent; costs of application to admit respondent's witness not awarded. Permission to appeal refused.

Court Disposition

Appellant awarded costs and interest as specified; permission to appeal refused.

Orders

  • Appellant awarded uplift on damages of £65,095.65 for beating Part 36 offer.
  • Appellant awarded indemnity costs from 23 July 2019.