In the County Court at Stoke, Indemnity Based Costs were awarded to the Claimant following the Defendant’s late acceptance of the Claimant’s Part 36 offer in a claim brought under the road traffic accident low value personal injury protocol.
On the 3 February 2017. in the matter of Car Craft Test Centre and Martin v Trotman & Advantage Insurance Company, District Judge Etherington awarded indemnity based costs against a defendant who had accepted the Claimant’s Part 36 offer 10 months out of time; but before the scheduled trial. The Claimant’s Part 36 offer was made following disclosure of the medical evidence and before commencing proceedings.
District Judge Etherington considered the issues and awarded indemnity based costs from the date that the Part 36 offer had expired.
This is seen as a significant success for all Claimants adhering to the protocol and making sensible offers by way of Part 36 and a lesson for all Defendants to consider all offers that are made as the penalty for not doing so is a large bill to pay.