SQE Daily.

Claimant fails to beat a defendant's Part 36 offer: costs consequences (CPR 36.17(1)(a) and (3))

Northfield Packaging Ltd sued Arden Logistics Ltd for £180,000 damages for breach of contract. On 3 March 2026 Arden served a written offer of £95,000 expressly made under Part 36, stating a relevant period of 21 days. Northfield did not accept it and the offer was never withdrawn or changed. After a trial in September 2026, the judge awarded Northfield £88,000 (inclusive of interest on the same basis as the offer). Northfield's director argues that, as it won the case and the award is close to the offer, the offer should make no difference to costs.

Which of the following best describes the order the court must make, unless it considers it unjust to do so?

Choose one answer to see the reasoning.

  1. Dispute Resolution · FLK1No. L125

    Claimant beats its own Part 36 offer at trial: calculating the additional amount (CPR 36.17(4)(d))

    What additional amount must the court award the claimant under Part 36?

  2. Dispute Resolution · FLK1No. L103

    Court's power to order ADR and costs consequences of refusing to engage (CPR 3.1(2)(o), 44.2(5)(e))

    Which of the following best describes the position?

  3. Dispute Resolution · FLK1No. L104

    Sanctions against a defendant who ignores a letter before claim (PD Pre-Action Conduct, para 16)

    Which of the following orders may the court make because of Brightwater's non-compliance?