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A claimant's Part 36 offer, though rejected and no longer available for acceptance after a liability judgment, is not 'withdrawn' within the meaning of CPR 36.5(8) and retains its costs potency for the purposes of enhanced consequences under CPR 36.21. The court will make an enhanced consequences order unless it would be unjust to do so, and in this case, it is just and proportionate to award enhanced interest on past losses and indemnity costs for a defined period.

Citation
[2010] EWHC 311 (QB)
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 Judgment
Outcome
Enhanced interest and indemnity costs awarded to claimant for defined 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

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Parties

James Pankhurst

Claimant

Lee White

Defendant

The Motor Insurance Bureau

Defendant

Procedural Posture

Civil Personal Injury / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether the claimant's Part 36 offer of May 2006, once rejected and no longer available for acceptance, 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 in the circumstances of this case
  3. 3 What period, rate, and scope 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A claimant's Part 36 offer, though rejected and no longer available for acceptance after a liability judgment, is not 'withdrawn' within the meaning of CPR 36.5(8) and retains its costs potency for the purposes of enhanced consequences under CPR 36.21. The court will make an enhanced consequences order unless it would be unjust to do so, and in this case, it is just and proportionate to award enhanced interest on past losses and indemnity costs for a defined period.

Court Disposition

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

Orders

  • Claimant awarded additional interest of £17,000 on past losses (special and general damages) for 21 months at enhanced rates.
  • Claimant awarded costs on standard basis up to 21 days after May 2006 offer, then indemnity costs up to 21 days after May 2008 offer.