In which circumstance has a claimant 'beaten' a defendant's Part 36 offer?
Answer and explanation
Correct answer: C. The claimant's judgment is more advantageous than the offer made by the defendant
- Step 1: CPR 36.17 sets out consequences where a judgment is at least as advantageous as, or more advantageous than, an offer.
- Step 2: For a defendant's offer, the claimant fails to obtain a judgment more advantageous than the offer if it is equal or less, and the claimant bears the costs consequences.
Answer
The claimant's judgment is more advantageous than the offer made by the defendant.
Why not the others: A judgment equal to the offer is not more advantageous; a lower judgment is worse; costs orders are not the test.
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