Indemnity costs; the consequences of failing to proactively set

BRUMA v HASSAN & ANOR, QBD (Judge Curran QC) 16/01/2018

The defendants in this catastrophic RTA had done little to try to settle in circumstances where they had rejected a Part 36 offer.  Indemnity costs were awarded, with 4% above base being the appropriate rate of interest under CPR r.36.17(4)(c).