The claimant successfully sued the defendant for an accident at work to his thumb, and obtained judgment in the sum of £40,854. This sum included damages and interest up to the date of judgment, which was 16 February 2004. The defendant had made a payment into court of £40,000 in accordance with Part 36 of the Civil Procedure Rules on 12 November 2001. The trial judge held that the claimant had beaten the Part 36 offer and ordered the defendant to pay the claimant’s costs in the usual way, although he allowed only 70% of those costs after the final date for the acceptance of the Part 36 offer. The defendant appealed to the Court of Appeal and the claimant cross-appealed the reduction in the costs awarded to him.

The main issue was whether the judge was wrong to conclude that an implied contract arose.