Omya UK Ltd v Andrews Excavations Ltd & Anor [2022] EWHC 1882 – 19 July 2022 (Mr Roger Ter Haar QC)

Omya succeeded in its claim for GBP765,094.40 and, having made a (rejected) Pt.36 offer to accept GBP756,287.05, sought enhanced interest (up to 10% above base) and indemnity costs. Despite the damages exceeding the offer by a margin of just 1.15%, the Court ruled that it was a genuine one and the usual consequences should apply. As the Court found the Defendants’ general conduct to be highly unreasonable (implausible and absurd defences and denials) it awarded indemnity costs both before and after expiry of the offer; due to the narrow margin, however, it restricted interest to 5% above base.