No indemnity costs under Part 36

Dyson Appliances Ltd v Hoover Ltd (No 3) (Ch D TLR 6 October)

The defendants made a payment into court of £4m under CPR Part 36, which the claimant accepted. Because the payment-in was more advantageous to the claimant than the claimants’ own Part 36 offer, the claimant contended that, by operation of rule 36.21, it was entitled to its costs until the date of acceptance of the payment-in on the indemnity basis.