In a civil claim, the claimant loses at trial after a Part 36 offer has been made by the defendant. What is the usual order in costs?

• A. The claimant will not receive any damages and will pay the defendant's costs on a standard basis up to judgment
• B. The claimant receives damages plus interest
• C. The defendant pays the claimant's costs
• D. The court orders fixed costs

Answer: (A)

Part 36 offers are meant to push parties to settle by attaching cost consequences to the outcome. If a defendant makes such an offer and, after trial, the claimant does not achieve a judgment more favorable than that offer, the usual order is that the claimant pays the defendant’s costs on the standard basis. This aligns with costs following the event: the claimant lost, so there are no damages to recover and the claimant must bear the defendant’s legal costs incurred in pursuing the claim up to judgment. The other options don’t fit: the claimant wouldn’t receive damages when they’ve lost, the defendant wouldn’t be paying the claimant’s costs in this scenario, and fixed costs aren’t the default for ordinary civil claims.