The Supreme Court Costs Office

No.29 of 2004

Blackham v Entrepose (UK) Ltd
27 July 2004
Court of Appeal (Brooke, Buxton and Carnwath LJJ)

The claimant suffered an accident at work to his dominant right thumb on 1 May 1998 and started proceedings to claim damages therefor on 10 April 2001. On 12 November 2001 the defendant's solicitors gave notice of payment into court of the gross sum of £40,000, of which £9,770.12 represented social security payments under the 1997 Act, so fell to be deducted. The Part 36 notice indicated that the sum offered was inclusive of all interest until the last day on which it could be accepted without needing the permission of the court.

By order dated 18 December 2003, amended on 3 February 2004, the Judge awarded the claimant £40,854.03 and directed the defendants to pay the claimant's costs but limited to 70% of such costs incurred from 3 December 2001.

When interest was deducted from this sum it became clear that the claimant had recovered less than the Part 36 payment in.

Accordingly the Court of Appeal, reversing the trial Judge, held that, comparing like with like, the claimant had failed to beat the defendant's Part 36 payment in, and that accordingly he should be liable for the defendant's costs from 3 December 2001.