Practice – Offer to settle. The Court of Appeal, Civil Division, dismissed an appeal against a costs order as the claimant had beaten the defendants' offer under CPR Pt 36. That had not been changed by the defendants' payment on account pursuant to their partial admission of liability. The claimant's cross-appeal, that costs should have been awarded on the indemnity basis and not the standard basis, was allowed based on the terms of the contract between the parties.