Broadhurst and another v Tan and another [23.02.16]
The Claimants brought (separate) claims for damages for personal injuries arising from an RTA. The claims were commenced under the RTA Protocol but subsequently dropped out of the Protocol. The Claimants made Part 36 offers which were not accepted by the Defendants. They then obtained judgments which were more advantageous than their Part 36 offers. The Court of Appeal held that where a claimant makes a successful Part 36 offer in a case where fixed costs are prescribed by Part 45 section IIIA of the Civil Procedure Rules (CPR), they will be awarded fixed costs to the last staging point provided by Part 45.29C and Table 6B. They will in addition be awarded costs to be assessed on the indemnity basis from the date that the Part 36 offer became effective. The Court recognised that this would lead to a generous outcome for the Claimants. However, this was consistent with the policy of providing claimants with generous incentives to make offers, and defendants with incentives to accept them.