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R v Bryn Alyn Community (Holdings) Ltd [2003] EWCA Civ 383

4 April 2003

Civil Procedure - Remedies - Damages - Part 36 offer - Indemnity costs - Interest on costs - Interest on damages - Claimants who recovered damages had made offers under CPR Part 36 - Judge awarded interest on general damages under CPR, r 36.21(2) and indemnity costs under CPR, r 36.21(3)(a) but refused to award interest on costs under r 36.21(3)(b) - Damages awards increased on appeal - Order for interest on damages under r 36.21(2) ran until date of judgment below not until date of judgment in Court of Appeal - Part 36 machinery not available in Court of Appeal unless Part 36 offer made in appeal proceedings - Judge should have awarded interest on costs - If order made to pay costs on indemnity basis order to pay interest on those costs unlikely to be unjust The claimants made claims for damages based on allegations of physical and sexual abuse at the defendant’s children’s home. The second defendant was party to the action as the first defendant’s insurer. Connell J made aw...

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