RXDX v Northampton Borough Council

RXDX v Northampton Borough Council

The court held that it is not required to apply all consequences under CPR 36.14(3) together; it may consider each consequence separately and determine whether it would be unjust to apply it in the circumstances. Indemnity costs should only run from the expiry of the relevant period of the Part 36 offer, not before.

Source-derived case information.

Parties
Claimant: RXDX; Defendant: Northampton Borough Council
Jurisdiction
England and Wales
Judgment Date
10 July 2015
Procedural Posture
Civil / Post Liability Split Trial, Costs Determination
Outcome
Order amended to restrict indemnity costs to those incurred after expiry of the relevant period (2 April 2015).
Legal Topics
Costs, Part 36 Offers, Indemnity Costs, Interest on Costs
Civil Procedure Costs Part 36 Offers Indemnity Costs Interest on Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

RXDX

Claimant

Northampton Borough Council

Defendant

Procedural Posture

Civil / Post Liability Split Trial, Costs Determination

Legal Issues

  1. 1 Whether the court must apply all consequences under CPR 36.14(3) or may exercise discretion as to which apply
  2. 2 From what date indemnity costs should run following a rejected Part 36 offer

Ratio Decidendi

The court held that it is not required to apply all consequences under CPR 36.14(3) together; it may consider each consequence separately and determine whether it would be unjust to apply it in the circumstances. Indemnity costs should only run from the expiry of the relevant period of the Part 36 offer, not before.

Court Disposition

Order amended to restrict indemnity costs to those incurred after expiry of the relevant period (2 April 2015).

Orders

  • Indemnity costs to be assessed only from 2 April 2015 onwards.
  • Interest on costs at 5% over base rate from 2 April 2015.