Part 36 interest

Rowlands and others v Bryn Alyn Community (Holdings) Ltd and another ([2003] EWCA Civ 4 March)

A trial and the appeal proceedings are separate proceedings for the purposes of Part 36. Accordingly, unless a fresh Part 36 offer is made during the appeal proceedings: (1) the machinery of Part 36 is not available to the appeal court; and (2) the Court of Appeal will be disinclined to use its discretion to achieve a similar result by reference to a pretrial Part 36 offer. It follows that if the trial judge makes an order for Part 36 interest on damages to the date of judgment, the appropriate date must be the date of his judgment, not that of the Court of Appeal. It would be for the Court of Appeal to consider interest in relation to the period between judgment at first instance and judgment in the Court of Appeal, if a Part 36 offer had been made in the appeal proceedings.