Part 36 and CRU certificates

Williams v Devon County Council (CA TLR 25 March)

In a claim for personal injuries the claimant was awarded £34,587, which was reduced on the grounds of one-third contributory negligence to £23,058. The defendant had paid into court £10,000, accompanied by a notice aggregating that sum with a certificate of recoverable benefit under the Social Security (Recovery of Benefits) Act 1997 of £15,669 making a gross sum of £25,669. The judge therefore concluded that the claimant had not bettered the Part 36 payment into court and ordered her to pay the defendant s costs from the date of the making of the payment.