Part 36 and the 10 percent uplift where a good offer was made on costs by the receiving party (TT, R (On the Application of) v Secretary of State for the Home Department)

Article summary

Dispute Resolution analysis: The court held that the claimant was entitled to recover the Jackson uplift of 10% upon costs assessed by Deputy Master Campbell. The defendant had asserted that it would be unjust to order a public body to meet the additional liability. The judge observed that there was no reported authority to support the bold claim that a Department of State, the Home Office, should be treated more favourably than a private entity such as an insurer. It was also contended that the uplift should be denied to the claimant because it had only been able to better its offer to settle as a result of interest upon costs accruing over a lengthy period. Both submissions were rejected and the claimant was awarded an uplift of almost £7,100 upon the amount of costs which the court...