Carver v BAA Plc [2008] EWCA Civ 412] 22.04.08
payment in, CPR 36.14(2)
The Claimant sustained a personal injury whilst at Gatwick Airport. Liability was conceded. The Defendant made a Part 36 payment in the sum of £4,520 and then made a further written offer of £20,000 inclusive of all damages, interest and costs. Meanwhile the Claimant made a Part 36 offer to settle for £12,500 plus costs. This offer was then withdrawn and the Claimant made a further offer to settle for £20,000 plus costs. Agreement could not be reached and the matter went to trial.
The trial judge awarded damages of £4,686.26; the Claimant sought costs of £80,000 The judge took the view that the Claimant had not succeeded in obtaining a judgment more advantageous to them then the Defendant's Part 36 offer and payment in. An excess of a few pounds did not make for a more advantageous judgment. He came to the view that the case should not have been fought and invoked CPR 36.14(2) and found that it was unjust the Defendants to pay the costs of the Claimant.
The Claimant appealed.
The court held that following a rule change to CPR 36 on 6th April 2007, money claims and non-money claims were to be treated in the same way and the phrase "more advantageous" in CPR 36.14 is "an open-textured phrase" permitting a wide-ranging review of all the facts and circumstances of the case in deciding whether a judgment was worth the fight. Thus the trial judge was entitled to consider that the few pounds gained at trial was more than offset by the irrecoverable costs incurred by the Claimant in continuing to contest the case for so long, and the added stress to her as she waited for the trial and the stress of the trial process itself.
The appeal was dismissed