Master declines to award 10% ‘additional amount’ under CPR 36.17(4) on grounds of proportionality

10%

Master McCloud exercised her discretion and declined to award the claimant a 10% ‘additional amount’ under CPR 36.17(4) on grounds that it would be disproportionate and unjust to do so where the claimant had beaten its own offer by just £7,000 on a bill assessed at £431,813.05.

 * This decision has been successfully appealed

JLE v WARRINGTON & HALTON HOSPITALS NHS FOUNDATION TRUST (COSTS – OFFERS – ASSESSMENT OF BILLS) [2018] EWHC B18 (Costs)