A Part 36 offer is made in High Court proceedings by the claimant and the relevant period expired on 26 April [last year].

A Part 36 offer is made in High Court proceedings by the claimant and the relevant period expired on 26 April [last year]. Assume that following the trial, judgment is given today. The court determines that the judgment against the defendant is at least as advantageous to the claimant as the proposals contained in the claimant’s Part 36 offer. The judge indicates that she will make an order against the defendant pursuant to rule 36.17(4)(a), (b), (c) and (d). The judge holds that it is not unjust to do so.

The claimant is awarded damages of £615,000 and interest on those damages pursuant to section 35A of the Senior Courts Act 1981 of £42,000.

Questions

(i) What interest rate might the judge award on the damages for the period 27 April [last year] to today inclusive pursuant to rule 36.17(4)(a) and why?

(ii) By reference to the available figures, how much might the judge award as the additional amount pursuant to rule 36.17(4)(d) and why?

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