Kivells Ltd v Torridge District Council

Kivells Ltd v Torridge District Council

There were no factors taking the case out of the norm to disapply CPR 36.17(4); the claimant's offer was reasonable and attractive, and the defendant should have accepted it. The appropriate rate of interest is 8% per annum, matching the judgment rate, for both the judgment sum and indemnity costs from the expiry of the relevant period.

Parties
Claimant: Kivells Limited; Defendant: Torridge District Council
Jurisdiction
England and Wales
Judgment Date
31 October 2019
Procedural Posture
Civil / Post Trial Costs Judgment
Outcome
Costs judgment in favour of the claimant; Part 36.17(4) consequences applied.
Legal Topics
Part 36 Offers, Costs Consequences, Interest Rates, Indemnity Costs
Civil Procedure Part 36 Offers Costs Consequences Interest Rates Indemnity Costs

Case Brief

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Parties

Kivells Limited

Claimant

Torridge District Council

Defendant

Procedural Posture

Civil / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether the costs consequences under CPR 36.17(4) should apply following the claimant's successful Part 36 offer
  2. 2 What rate of interest should be awarded on the judgment sum and costs

Ratio Decidendi

There were no factors taking the case out of the norm to disapply CPR 36.17(4); the claimant's offer was reasonable and attractive, and the defendant should have accepted it. The appropriate rate of interest is 8% per annum, matching the judgment rate, for both the judgment sum and indemnity costs from the expiry of the relevant period.

Court Disposition

Costs judgment in favour of the claimant; Part 36.17(4) consequences applied.

Orders

  • Interest on the judgment sum at 8% per annum from 4 April 2019 under CPR 36.17(4)(a)
  • Costs on the indemnity basis from 4 April 2019 under CPR 36.17(4)(b)