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Rule 36.30 Costs consequences following judgmentF1F2

(1)

This rule applies where, on any determination by the court, the claimant obtains judgment against the defendant for an amount of damages that is—

(a)

less than or equal to the amount of the defendant’s Protocol offer;

(b)

more than the defendant’s Protocol offer but less than the claimant’s Protocol offer; or

(c)

equal to or more than the claimant’s Protocol offer.

(2)

Where paragraph (1)(a) applies, the court must order the claimant to pay—

(a)

the fixed costs in rule F345.37; and

(b)

interest on those fixed costs from the first business day after the deemed date of the Protocol offer under rule F436.27.

(3)

Where paragraph (1)(b) applies, the court must order the defendant to pay the fixed costs in rule F545.30.

(4)

Where paragraph (1)(c) applies, the court must order the defendant to pay—

(a)

interest on the whole of the damages awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date specified in rule F636.27;

(b)

the fixed costs in rule F745.30;

(c)

interest on those fixed costs at a rate not exceeding 10% above base rate; and

(d)

an additional amount calculated in accordance with rule 36.17(4)(d).

Annotations

Textual amendments

F1

Pt. 36 substituted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 1 (with rule 18)

F2

Rule 36.29 renumbered as rule 36.30 by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(15)(b) (with rule 2)

F3

Word in rule 36.30(2)(a) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(16)(a)(i) (with rule 2)

F4

Word in rule 36.30(2)(b) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(16)(a)(ii) (with rule 2)

F5

Word in rule 36.30(3) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(16)(b) (with rule 2)

F6

Word in rule 36.30(4)(a) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 19(4)

F7

Word in rule 36.30(4)(b) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(16)(c)(ii) (with rule 2)

Notes on Part 36

Textual amendments

F2

Words in Pt. 36 Table of Contents substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(1) (with rule 2)

F3

Words in Pt. 36 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 19(1)

Notes on RTA Protocol and EL/PL Protocol Offers to Settle

Textual amendments

F2

Pt. 36 Section 2 renumbered as Pt. 36 Section 3 (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(11) (with rule 2)