Pankhurst v White

Pankhurst v White

The May 2006 Part 36 offer was not withdrawn within the meaning of the rules and, though no longer available for acceptance, retained its costs potency. The Claimant is entitled to enhanced interest on past losses and indemnity costs for the relevant period, as it would not be unjust to make such an order. The order must be proportionate, excluding enhanced interest on future losses and limiting the period for enhanced interest to 21 months.

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 Ruling
Outcome
Claimant's application for enhanced interest and indemnity costs granted in part.
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

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Parties

James Pankhurst

Claimant

Lee White

Defendant

The Motor Insurance Bureau

Defendant

Procedural Posture

Civil (personal Injury) / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether the Claimant is entitled to enhanced costs and interest under Part 36 following a rejected and lapsed offer.
  2. 2 Whether the May 2006 Part 36 offer was 'withdrawn' within the meaning of the rules and its effect on costs.
  3. 3 What is a just and proportionate order for interest and costs given the procedural history.

Ratio Decidendi

The May 2006 Part 36 offer was not withdrawn within the meaning of the rules and, though no longer available for acceptance, retained its costs potency. The Claimant is entitled to enhanced interest on past losses and indemnity costs for the relevant period, as it would not be unjust to make such an order. The order must be proportionate, excluding enhanced interest on future losses and limiting the period for enhanced interest to 21 months.

Court Disposition

Claimant's application for enhanced interest and indemnity costs granted in part.

Orders

  • Defendant to pay Claimant enhanced interest at 4% above the going rate (total 10%) on past losses for 21 months, amounting to £9,000.
  • Defendant to pay enhanced interest at double the going rate (2% extra) on general damages for 21 months, amounting to £8,000.