Judge: HHJ Gore QC
Citation:  4 Costs L.R. 763
A Defendant Health Trust in a clinical negligence claim was ordered to pay costs on the indemnity basis from the end of the relevant period until the date of acceptance where its conduct of the litigation was considered to be ‘out of the norm’.
In a clinical negligence case, the Defendant Health Trust’s conduct of the litigation was held to be out of the norm. It had made various offers to settle, but ultimately the Claimant made a Part 36 offer to accept 95% of the full value of her claim. This offer was rejected two days before the expiration of the relevant period. The Defendant did not respond to invitations to alternative dispute resolution. Its Witness Statements, Expert’s Reports and Joint Statements were served late. The Claimant had to apply to the Court to order the Defendant to comply with certain case management Directions. The Part 36 offer had not lapsed and was not withdrawn. The Defendant accepted it over 12 months after the offer had been made. The costs payable by the Defendant from the end of the relevant period until the date of acceptance were ordered to be paid on the indemnity basis.