Judge: Longmore LJ, King LJ and Coulson LJ
Citation:  EWCA Civ 1726
In fixed costs cases, rule 36.13 does not apply where a Part 36 offer is accepted late.
It is not possible for a Claimant whose offer has been accepted late, but before trial, to rely on the decision in Broadhurst v Tan to obtain indemnity costs. CPR Rule 36.20 makes it plain that it is the only rule which applies to the costs consequences of accepting a Part 36 offer in fixed costs cases. The interaction between the fixed costs regime and Part 36 differs where the Claimant is successful after trial and where a Part 36 offer is accepted before trial. On the correct interpretation of the Rules, in a fixed costs case, Rule 36.20 applies where an offer is accepted late and Rule 36.13 does not apply at all.
  EWCA Civ 94