![JLE v Warrington & Halton Hospitals NHS Trust Foundation Trust [2019] EWHC 1582 (QB)](https://i1.wp.com/tmcls.co.uk/wp-content/uploads/2019/06/JLE-v-Warrington-Halton-Hospitals-NHS-Trust-Foundation-Trust-2019-EWHC-1582-QB.jpg?resize=180%2C180&ssl=1)
This was an appeal against the decision of Master McCloud not 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.
![INVISTA v BOTES AND OTHERS [2019] EWHC 1086 (Ch)](https://i1.wp.com/tmcls.co.uk/wp-content/uploads/2019/05/INVISTA-v-BOTES-AND-OTHERS-2019-EWHC-1086-Ch-1.jpg?resize=180%2C180&ssl=1)
In this rare costs decision following a breach of confidence claim from their ex-employers, a multinational corporation, the defendants successfully persuaded HHJ Birss that despite his finding that the claimant had achieved a more advantageous outcome than their own Part 36 offer under CPR 36.17(1)(b), it would be unjust pursuant to CPR 36.17(4) to order that the usual costs consequences should apply.
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.
