Mohammed v The Home Office [2017] EWHC 3051 (QB) (24 November 2017)

Mohammed v The Home Office [2017] EWHC 3051 (QB) (24 November 2017)

The claimant, having beaten his own Part 36 offer, is entitled to enhanced interest at 6% over base rate on damages from the expiry of the offer, indemnity costs from that date, enhanced interest at 6% over base rate on those costs, and an additional amount of 10% of the gross award including basic interest but excluding enhanced interest, as per the proper construction of CPR 36.17(4).

Citation
[2017] EWHC 3051
Parties
Claimant: Abdulrahman Mohammed; Defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
24 November 2017
Procedural Posture
False Imprisonment Claim / Post Trial Judgment on Part 36 Consequences
Outcome
Claimant awarded enhanced interest, indemnity costs, and an additional amount under CPR 36.17(4).
Legal Topics
False Imprisonment, Unlawful Detention, Part 36 Offers, Damages, Interest on Damages, Costs, Additional Amount Under CPR 36.17
Civil Procedure Tort Law Human Rights False Imprisonment Unlawful Detention Part 36 Offers Damages Interest on Damages +2 more

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Parties

Abdulrahman Mohammed

Claimant

The Home Office

Defendant

Procedural Posture

False Imprisonment Claim / Post Trial Judgment on Part 36 Consequences

Legal Issues

  1. 1 Whether the claimant is entitled to enhanced interest, indemnity costs, and an additional amount under CPR 36.17(4) after beating his own Part 36 offer; proper calculation of the 'additional amount' under CPR 36.17(4)(d); appropriate rate of enhanced interest on damages and costs.

Ratio Decidendi

The claimant, having beaten his own Part 36 offer, is entitled to enhanced interest at 6% over base rate on damages from the expiry of the offer, indemnity costs from that date, enhanced interest at 6% over base rate on those costs, and an additional amount of 10% of the gross award including basic interest but excluding enhanced interest, as per the proper construction of CPR 36.17(4).

Court Disposition

Claimant awarded enhanced interest, indemnity costs, and an additional amount under CPR 36.17(4).

Orders

  • Enhanced interest on damages at 6% over base rate from 23 March 2017 until judgment.
  • Indemnity costs from 23 March 2017 until judgment.