England and Wales High Court (Senior Courts Costs Office) Decisions

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You are here: BAILII >> Databases >> England and Wales High Court (Senior Courts Costs Office) Decisions >> East West Corporation v PO Nedlloyd BV [2003] EWHC 9034 (Costs) (19 February 2003)
URL: http://www.bailii.org/ew/cases/EWHC/Costs/2003/9034.html
Cite as: [2003] EWHC 9034 (Costs)

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This summary of a judgment has been obtained from the Supreme Court Costs Office pages on the HM Courts Service web site. The citation used by BAILII is not an officially approved citation. The full text of the judgment may have an official Neutral Citation issued by the court, and may be available elsewhere on BAILII.

 

 



No.14 of 2003

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East West Corporation v P O Nedlloyd BV
19 February 2003
Court of Appeal, Brooke, Laws and Mance LJJ

The Court of Appeal in this case held that in order to found a claim for indemnity costs and a higher rate of interest under Part 36 where a successful Part 36 Order had been made in the court below, it was nevertheless necessary for the successful respondent to make a renewed Part 36 offer in respect of any appeal hearing.  

The heart of the decision is to be found in paragraph 6 of Lord Justice Brooke’s judgment, which reads:

“6. In our judgment we should not strain the meaning of CPR 36.21(1) in this way.  Part 36 provides a straight forward code whereby a claimant may protect himself against the subsequent costs of first instance proceedings, or the subsequent costs of an appeal, but there is no hint that the rule makers ever considered that a claimant might make a port manto Part 36 offer which would provide him with the protection of the Code in CPR 36.21 both at first instance and on a subsequent appeal.    If he wants to protect himself as to the costs of an appeal, he must make a further offer in the appeal proceedings.    Then everyone will know where they stand, and it is unnecessary to give CPR 36.21 a convoluted meaning.”