The judgment of HH Judge Pelling QC in Purrunsing -v- A'Court & Co (a firm) [2016] EWHC 1582 (Ch) considers the impact of interest on a claimant's Part 36 offer. Should the court simply compare the offer with the sum awarded at trial or should it take into account the interest that has accrued i...
Hi Gordon,
Can you please clarify the figures in the blog post as you seem to suggest that even if interest has not been taken into account C would not have beaten their own offer (of £561k) as they were only awarded £518k inclusive of interest.
Should £561k read £516k?
If so, what would have happened, in your view, if C had offered £516k inclusive of interest (and was subsequently awarded £518k inclusive of interest, thereby meaning that they beat their own offer)?
I look forward to hearing from you.
Kind regards,
Robin Torr
Senior Solicitor, Head of Personal Injury Department
0161 833 0044
http://www.abacus-law.co.uk
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Many thanks Robin,
I have clarified the figures (which are now set out above). The scenario is that the claimant offered £516,000 and received £518,000. He did not recover additional liabilities because the only reason the award was higher was the supervening interest.
The figures above are a bit confused. C’s offer was £516K (not £561K). The award was £470K + interest £48,983.01, totalling £518,983.01 (which explains why C considered he had beaten his offer). Once interest which had accrued between expiry of the relevant period of the offer and the trial date was deducted, the award for comparison with the offer was £507,046.30.
Sorry – it was clearly being corrected as I typed.