Read v Edmed

Read v Edmed

Where a claimant makes a valid Part 36 offer on liability, the defendant refuses, and the court's judgment matches the offer, the claimant should be awarded indemnity costs and interest on those costs from the expiry of the offer, unless there are circumstances making such an order unjust, to ensure the claimant is not out of pocket and to give effect to the spirit of Part 36.

Parties
Claimant: Hetty Read; Defendant: Darren Edmed
Jurisdiction
England and Wales
Judgment Date
08 December 2004
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Ruling on Costs and Interest After Preliminary Issue on Liability
Outcome
Claimant awarded standard costs up to expiry of Part 36 offer, indemnity costs thereafter, and interest on indemnity costs at 6% per annum; no order on interest on damages at this stage.
Legal Topics
Costs, Part 36 Offers, Contributory Negligence, Interest on Costs
Civil Procedure Personal Injury Costs Part 36 Offers Contributory Negligence Interest on Costs

Case Brief

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Parties

Hetty Read

Claimant

Darren Edmed

Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Ruling on Costs and Interest After Preliminary Issue on Liability

Legal Issues

  1. 1 Whether CPR Part 36.21 applies where the judgment matches but does not exceed the claimant's Part 36 offer
  2. 2 Whether indemnity costs and enhanced interest should be awarded when the judgment matches the claimant's Part 36 offer
  3. 3 Proper exercise of discretion in awarding costs and interest under CPR

Ratio Decidendi

Where a claimant makes a valid Part 36 offer on liability, the defendant refuses, and the court's judgment matches the offer, the claimant should be awarded indemnity costs and interest on those costs from the expiry of the offer, unless there are circumstances making such an order unjust, to ensure the claimant is not out of pocket and to give effect to the spirit of Part 36.

Court Disposition

Claimant awarded standard costs up to expiry of Part 36 offer, indemnity costs thereafter, and interest on indemnity costs at 6% per annum; no order on interest on damages at this stage.

Orders

  • Defendant to pay claimant's standard costs of liability issue up to 18 August 2003.
  • Defendant to pay claimant's indemnity costs from 19 August 2003 onwards.