Under Part 36, the additional amount payable when the claimant beats the offer includes which calculation?

Under Part 36, the additional amount payable when the claimant beats the offer includes which calculation?

• A. 15% of total damages
• B. 2% of costs
• C. 20% of damages
• D. 10% of the first £500,000 of damages plus 5% of any amount above that, capped at £75,000

Answer: (D)

The key idea is the Part 36 uplift: if the claimant beats the defendant’s Part 36 offer, they get an extra amount added to their damages. That extra is not a flat percentage; it’s a tiered calculation. It is 10% of the first £500,000 of damages, plus 5% of any amount above £500,000, with the total capped at £75,000. This structure provides meaningful uplift for smaller claims and a cap to prevent excessive penalties for very large claims. The other options don’t match this tiered, capped formula.

The key idea is the Part 36 uplift: if the claimant beats the defendant’s Part 36 offer, they get an extra amount added to their damages. That extra is not a flat percentage; it’s a tiered calculation. It is 10% of the first £500,000 of damages, plus 5% of any amount above £500,000, with the total capped at £75,000. This structure provides meaningful uplift for smaller claims and a cap to prevent excessive penalties for very large claims. The other options don’t match this tiered, capped formula.