When comparing a filed settlement offer with an award of damages for the purpose of determining costs, interest on the judgment sum should be calculated only to the date of the filed offer, not to the date of judgment. A Supreme Court practice direction on interest rates may be used as a relevant consideration in the District Court without binding the court. A discretionary costs order will not be disturbed on appeal merely because the plaintiff's award exceeded the filed offer by only a small margin, provided the plaintiff succeeded on the crucial factual issues at trial.
The full text is available to signed-in members.