Under fixed costs, if the claimant beats the defendant's Part 36 offer, which is true?

• A. They receive fixed costs for the stage at the date of judgment.
• B. They receive indemnity costs uplift.
• C. They receive no costs at all.
• D. They pay the defendant's costs.

Answer: (A)

In fixed costs cases, the amount recoverable for each stage of a claim is set by a fixed schedule, not by the actual costs incurred. The Part 36 consequences still apply, but they don’t change the fixed-cost framework or bring in indemnity uplift. If the claimant beats the defendant’s Part 36 offer, the court simply awards the fixed costs for the relevant stage, calculated at judgment. There isn’t an uplift or a requirement to pay the defendant’s costs; instead the claimant gets the fixed costs for that stage as of the judgment date. That makes the statement about receiving fixed costs for the stage at the date of judgment the correct one.