ALI REZA-DELTA TRANSPORT CO. LTD. v. UNITED ARAB SHIPPING CO. SAG (No. 2) [2003] EWCA Civ 811

[2003] 2 Lloyd's Rep. 455

NOTE - COURT OF APPEAL

Before Lord Justice Peter Gibson, Lord Justice Tuckey and Mr. Justice Nelson

Practice - Costs - Costs of appeal to Court of Appeal on issue of damages - Indemnity or standard basis - Prior to appeal hearing claimant made offer under CPR 36 to accept U.S.$227,400 plus costs of trial on indemnity basis but waiving any interest uplift on damages and costs - Court of Appeal allowed appeal and awarded claimant damages of U.S.$227,400 plus costs of trial on indemnity basis and interest at 3 per cent. over prime rate - Whether CPR 36.21 applicable - Whether Part 36 offer can include term as to uplift interest - Whether Court of Appeal should exercise its discretion under CPR 44.3 to award costs on indemnity basis.