Parties agreed that indemnity costs applied because the Claimant had beaten their own Part 36 offer at trial, but they did not agree on the quantification of those costs.

The case had started in the Portal and thus on the face of it, CPR SIIIA fixed costs applied. However, as that made the quantification of those fixed costs the same as standard basis costs, the Claimant appealed.

On first tier appeal, the judge held that fixed costs applied.

The Court of Appeal, however, determined that open hourly rate costs should apply where indemnity costs were awarded.