CPR 36.17 And The Just Rewards Of A Good Part 36 Offer

The Just Rewards Of A Good Part 36 Offer

Mr Justice O’Farrell rounded up the authorities on CPR 36.17 and found that a Claimant who had beaten its own Part 36 Offer of £875,000 by less than £5,000 was nonetheless entitled to the benefits conferred by the rule, including enhanced interest on damages and costs, indemnity costs from 21 days after the date of the offer and an additional amount of £65,123.77.

“it would not be unjust to apply the provisions of CPR 36.17 in this case. The terms of the offer were clear. The Part 36 offer was made at a very early stage in the proceedings, after the letter of claim but before the issue of the formal claim. By that time, extensive investigations and remedial works had been concluded. The parties had sufficient information to make an informed judgment as to the merits of the case. The offer was at a level that indicated it was a genuine attempt to settle the dispute.”

HOCHTIEF (UK) CONSTRUCTION LTD & ANOR V ATKINS LTD [2019] EWHC 3028 (TCC)