Andrews v Aylott [2010] EWHC 597, Part 36 of the CPR enhanced interest

FACTS

Claimant sustained serious injuries in a road accident with the Defendant. An issue arose in relation to the Claimant not wearing a seat belt (the Defendant’s negligence not at issue). The claimant made a Part 36 offer placed his responsibility for damge at 25/75 in favour which subsequently was not accepted by the Defendant offeree.

For further reading on Part 36 offers read “Part 36 Offer” by Riyaz Jariwalla which can be accessed by following the link:

https://lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/3375-RJ-part-36-claimant.htm

The Defendant disputed the apportionment proffering 50/50. The judge ordered (1) damages are to be assessed at 74% of that claimed. In relation to costs the judge ordered interest to be paid at 5% above base for 33% of the damages.

Thereafter the parties agreed judgment for the following: (1) damages of £2 million and (2) interim payments totaling £125,000.

ISSUES

entitlement to enhanced interest and

application of interest under the order.

HELD

Claimant was entitled to enhanced interest and

the enhance interest should be applied to the lump sum figure.

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