The Civil Procedure Rules 1998

[F1 Costs consequences following judgment E+W

[F2 36.30.]— (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 [F3 45.37]; and

(b) interest on those fixed costs from the first business day after the deemed date of the Protocol offer under rule [F4 36.27].

(3) Where paragraph (1)(b) applies, the court must order the defendant to pay the fixed costs in rule [F5 45.30].

(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 [F6 36.27];

(b) the fixed costs in rule [F7 45.30];

(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).]

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)