Pankhurst v White [2010] EWHC 311 (QB) (18 February 2010)

Pankhurst v White [2010] EWHC 311 (QB) (18 February 2010)

A claimant's Part 36 offer, though rejected and no longer available for acceptance after a liability judgment, is not 'withdrawn' within the meaning of CPR 36.5(8) and retains its costs potency for the purposes of enhanced consequences under CPR 36.21 (now 36.14). The court will make an enhanced consequences order unless it would be unjust to do so, and the order must be proportionate and fair, considering the period for which enhanced interest and indemnity costs are awarded.

Citation
[2010] EWHC 311
Parties
Claimant: James Pankhurst; Defendant: Lee White; Defendant: The Motor Insurance Bureau
Jurisdiction
England and Wales
Judgment Date
18 February 2010
Procedural Posture
Civil Personal Injury / Post Trial, Costs Determination
Outcome
Enhanced interest and indemnity costs awarded to claimant for specified period; standard costs thereafter to defendant.
Legal Topics
Part 36 Offers, Costs Consequences, Interest on Damages, Indemnity Costs
Civil Procedure Personal Injury Part 36 Offers Costs Consequences Interest on Damages Indemnity Costs

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 13 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

James Pankhurst

Claimant

Lee White

Defendant

The Motor Insurance Bureau

Defendant

Procedural Posture

Civil Personal Injury / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether the claimant's Part 36 offer of May 2006, once rejected and lapsed, retained costs consequences under CPR 36.21 (now 36.14)
  2. 2 Whether it would be unjust to make an enhanced consequences order under Part 36
  3. 3 What period and rate of enhanced interest and indemnity costs should be awarded

Ratio Decidendi

A claimant's Part 36 offer, though rejected and no longer available for acceptance after a liability judgment, is not 'withdrawn' within the meaning of CPR 36.5(8) and retains its costs potency for the purposes of enhanced consequences under CPR 36.21 (now 36.14). The court will make an enhanced consequences order unless it would be unjust to do so, and the order must be proportionate and fair, considering the period for which enhanced interest and indemnity costs are awarded.

Court Disposition

Enhanced interest and indemnity costs awarded to claimant for specified period; standard costs thereafter to defendant.

Orders

  • Defendant to pay claimant enhanced interest on past losses for 21 months at 4% above the going rate (total additional interest £17,000).
  • Claimant awarded indemnity costs from 21 days after May 2006 offer to 21 days after May 2008 offer.