Question 1 of 7

Four weeks before trial Herbert, in his proceedings against Gladbury Hospital NHS Trust (‘Gladbury’), made a Part 36 offer to Gladbury proposing that Gladbury pays £15,000 in settlement of the claim to him. Gladbury rejects this Part 36 offer and the claim proceeds to trial, where judgment is given for Herbert in the sum of £20,000.Which one of the following correctly states the consequences of Gladbury’s rejection of Herbert’s offer?

A. As Herbert has been awarded more than his offer, unless such order is unjust, Gladbury will be ordered to pay interest of up to 10% above base rate on the damages and costs on the indemnity basis (with interest on those costs) from the date on which the relevant period expired, together with an additional amount of £2,000 . B. As Herbert been awarded more than his offer, unless such order is unjust, Gladbury will be ordered to pay interest of up to 10% above base rate on the damages and costs on the indemnity basis (with interest on those costs) from the date on which the offer was served, together with an additional amount of £2,000 . C. Gladbury’s rejection of the offer will have no Part 36 effect as the offer was made less than 30 days before trial. As the successful party in the proceedings Herbert will be entitled to his costs of the proceedings plus interest on those costs. D. Gladbury’s rejection of the offer will have no Part 36 effect because Herbert has been awarded more than he himself offered. As the successful party in the proceedings Herbert will be entitled to his costs of the proceedings plus interest on those costs.