After the expiry of the relevant period, from which day may a court order the defendant to pay a rate higher than 10% on damages if the claimant wins at trial and the judgment equals or beats the offer?

• A. Day 7
• B. Day 1
• C. Day 22
• D. Day 100

Answer: (C)

The concept being tested is how Part 36 offers work and when enhanced interest on damages can begin. A Part 36 offer stays open for 21 days to allow acceptance. If the claimant goes to trial, and the judgment equals or beats that offer, the court can order the defendant to pay damages at an enhanced rate of interest. This enhanced rate starts from the expiry of the relevant period, which is the end of day 21, so the earliest day on which the court may impose it is the next day—day 22. The idea is that the improvement in the claimant’s position triggers the higher interest from that point onward.