P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003

The claimants had made a Part 36 offer at first instance, but the matter was appealed. Having won at appeal they sought their costs on an indemnity basis of the appeal also.
Held: If a party wished to protect itself by a Part 36 offer, it must be made both at first instance, and again before the appeal.


Lord Justice Laws, Lord Justice Brooke, Lord Justice Mance


Times 21-Feb-2003, [2003] EWCA Civ 174, Gazette 10-Apr-2003, [2003] 1 Lloyd’s Rep 265, [2003] 4 Costs LR 531, [2003] CPLR 319




Civil Procedure Rules 36


England and Wales

Cited by:

CitedCel Group Ltd v Nedlloyd Lines UK Ltd and Another CA 18-Dec-2003
The defendant sought indemnity costs with interest at an enhanced rate. It had made on offer of settlement which was rejected. CEL objected that the defendant had the benefit of a conditional fee agreement.
Held: The conditional fee agreement . .
Lists of cited by and citing cases may be incomplete.

Costs, Civil Procedure Rules

Updated: 18 November 2022; Ref: scu.179488