Section 36.30

This rule applies where, on any determination by the court, the claimant obtains judgment against the defendant for an amount of damages that is— less than or equal to the amount of the defendant’s Protocol offer; more than the defendant’s Protocol offer but less than the claimant’s Protocol offer; or equal to or more than the claimant’s Protocol offer. Where paragraph (1)(a) applies, the court must order the claimant to pay— the fixed costs in rule 45.37; and interest on those fixed costs from the first business day after the deemed date of the Protocol offer under rule 36.27. Where paragraph (1)(b) applies, the court must order the defendant to pay the fixed costs in rule 45.30. Where paragraph (1)(c) applies, the court must order the defendant to pay— interest on the whole of the damages awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date specified in rule 36.27; the fixed costs in rule 45.30; interest on those fixed costs at a rate not exceeding 10% above base rate; and an additional amount calculated in accordance with rule 36.17(4)(d).

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Source: legislation.gov.uk · retrieved 2026-08-15