Meaning of ‘more advantageous’ in Part 36

D Pride & Partners v Institute for animal health and others [2009] EWHC 1617 QBD 8 July

The claimants were livestock farmers who sought damages from the defendants for losses alleged to have been suffered during an outbreak of foot and mouth disease which originated in H and M’s laboratories. H and M sought an order that the claimants pay their costs of the proceedings from the last date for acceptance of the Part 36 offers made by H and M until the conclusion of the proceedings by a settlement.