Offer also required in appeal proceedings

The claimants made an offer to settle the claim which was refused. The claimants obtained judgment greater than the settlement offer, and the defendants were ordered to pay the claimants’ costs on an indemnity basis. The defendants appealed and were unsuccessful. The claimants applied for the defendants to pay their costs of the appeal on an indemnity basis on the ground that their original offer to settle was effective for the purposes of the appeal proceedings. The Court of Appeal refused the application, stating that should a claimant wish to have protection against the costs of an appeal a further offer in the appeal proceedings would need to be made.