Court of Appeal
The Issues: The Claimant was awarded £4,686.26 at trial, beating a previous Part 36 offer of £4,520.00. However the trial judge ruled that taking into account all the circumstances, the Claimant had not obtained a judgment “more advantageous” than the offer, (the wording in CPR 36.14), and awarded the Defendant its costs from the time the offer expired. If a Claimant beats a Part 36 offer by a modest amount, even £1, have they obtained a judgment “more advantageous” than the offer or is the Court entitled to look at all the circumstances of the case in deciding where the advantage lies?
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