Broadhurst v Tan  EWCA Civ 94
30th January 2017
Appeared for the Defendants in this expedited appeal heard before the Master of the Rolls and others concerning the issue of whether In fixed costs personal injury claims governed by CPR Pt 45 s.IIIA, costs were payable on the indemnity basis under CPR r.36.14 where a claimant made a Part 36 offer and then obtained judgment which was more advantageous than the offer.
The Court concluded that since r.36.14(3) had not been modified by r.36.14A, it continued to have full force and effect. Fixed costs were not to be equated with indemnity costs and any tension between r.45.29B and r.36.14A therefore had to be resolved in favour of r.36.14A. Put simply, conventional costs – not fixed costs – would be recovered when costs were payable on the indemnity basis.