East West Corporation v PO Nedlloyd BV [2003] EWHC 9034 (Costs) (19 February 2003)

A claimant must make a further Part 36 offer in the appeal proceedings to obtain the costs and interest protections of CPR 36.21 on appeal; a first instance offer does not suffice.

Citation: [2003] EWHC 9034 (Costs)
Parties: Claimant: East West Corporation; Respondent: P O Nedlloyd BV
Jurisdiction: England and Wales
Judgment Date: 19 February 2003
Procedural Posture: Costs Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Part 36 Offers, Indemnity Costs, Interest on Costs, Appeal Procedure

Civil Procedure Costs Part 36 Offers Indemnity Costs Interest on Costs Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

East West Corporation

Claimant

P O Nedlloyd BV

Respondent

Procedural Posture

Costs Appeal / Court of Appeal Judgment

Legal Issues

1 Whether a successful Part 36 offer at first instance entitles a party to indemnity costs and higher interest on appeal without a renewed offer
2 Interpretation of CPR 36.21(1) regarding costs protection on appeal

Ratio Decidendi

A claimant must make a further Part 36 offer in the appeal proceedings to obtain the costs and interest protections of CPR 36.21 on appeal; a first instance offer does not suffice.

Court Disposition

Appeal dismissed

Orders

No indemnity costs or higher interest awarded on appeal without a renewed Part 36 offer