Feltham v Bouskell

Interest awarded at 1.5% above base from 20 August 2009 for judgment sum and costs, 3.5% above base from 3 June 2013 for enhanced interest post-Part 36 offer; additional £75,000 under CPR 36.14(3)(d) not awarded due to late pleading and disclosure; claimant entitled to full costs including indemnity costs from 3 June 2013; interim payment of £75,000 ordered.

Parties: Claimant: Lorraine Feltham; Defendant: Freer Bouskell
Jurisdiction: England and Wales
Judgment Date: 15 July 2013
Procedural Posture: Civil / Post Trial Judgment on Interest and Costs
Outcome: Judgment for claimant with orders on interest and costs; leave to appeal refused.
Legal Topics: Interest on Judgment, Costs, Part 36 Offers, Indemnity Costs

Probate Civil Procedure Interest on Judgment Costs Part 36 Offers Indemnity Costs

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 4

Parties

Lorraine Feltham

Claimant

Freer Bouskell

Defendant

Procedural Posture

Civil / Post Trial Judgment on Interest and Costs

Legal Issues

1 Appropriate rate and period for interest on judgment sum
2 Interest on costs incurred in probate action
3 Application of CPR 36.14(3)(a) and (d) regarding Part 36 offer

Ratio Decidendi

Court Disposition

Judgment for claimant with orders on interest and costs; leave to appeal refused.

Orders

Interest at 1.5% above base from 20 August 2009 on £650,000 judgment sum
Interest at 1.5% above base on £62,000 costs from date paid