JPR (a firm) brought proceedings against Philip claiming dam…
JPR (a firm) brought proceedings against Philip claiming damages in the sum of £80,000. JPR made a Claimant’s Part 36 offer three months before trial stating it would accept an offer in the sum of £50,000. Philip did not accept JPR’s Part 36 offer. At trial, JPR obtained judgment for the full amount of its claim, namely £80,000. What order should the Court make in relation to JPR’s damages, costs and the interest payable from the date the relevant period expired? JPR should be awarded interest on the sum of £80,000 at a rate not exceeding 5 % above base rate from the date the relevant period expired, costs on the indemnity basis from that date and interest on those costs at a rate not exceeding 5% above base rate, and an additional amount of £800. Unless the Court considers it unjust to do so, JPR should be awarded interest on the sum of £80,000 at a rate not exceeding 10% above base rate from the date the relevant period expired, costs on the indemnity basis from that date and interest on those costs at a rate not exceeding 10% above base rate, and an additional amount of £8,000. Unless the Court considers it disproportionate to do so, JPR should be awarded interest on the sum of £80,000 at a rate not exceeding 15% above base rate from the date the relevant period expired, costs on the indemnity basis from that date and interest on those costs at a rate not exceeding 15% above base rate, and an additional amount of £4,000. Unless the Court considers it contrary to the overriding objective, JPR should be awarded interest on the sum of £80,000 at a rate not exceeding 8% above base rate from the date the relevant period expired, costs on the indemnity basis from that date and interest on those costs at a rate not exceeding 8% above base rate, and an additional amount of £75,000.