Christopher Bell v Commissioner of Police of the Metropolis
[2024] EWHC 650 (KB)
Rosemary Chapman v Mid and South Essex NHS
20 July 2023
[2023] EWHC 1871 (KB)
High Court
The claimant won most of her medical negligence case, so the hospital has to pay her legal fees. Because she made a good settlement offer beforehand, they also have to pay extra fees and some money towards her damages, even though she lost one small part of her case.
Key Facts
- •Clinical negligence claim against Mid and South Essex NHS Foundation Trust.
- •Claim involved two incidents: examinations by Dr. Bopitiya (successful) and assessment by ENP Nice (unsuccessful).
- •Claimant made a Part 36 offer to settle for 90% of damages assessed on 100% liability.
- •Liability judgment found for the claimant on most issues, but dismissed the claim against ENP Nice.
- •Dispute over costs following the liability judgment.
Legal Principles
General rule on costs is that the unsuccessful party pays the successful party's costs (CPR 44.2(2)(a)).
CPR 44.2
Court considers all circumstances when deciding on costs, including conduct of parties and whether a party succeeded on part of its case (CPR 44.2(4)).
CPR 44.2
Part 36 consequences apply where judgment is at least as advantageous as claimant's Part 36 offer (CPR 36.17). The court must consider whether it is unjust to apply these consequences (CPR 36.17(5)).
CPR 36.17
In assessing costs, the court should determine who is the unsuccessful party responsible for incurring unnecessary costs (Webb v Liverpool Women's Hospital NHS Foundation Trust).
Webb v Liverpool Women's Hospital NHS Foundation Trust [2016] EWCA Civ 365
A claimant succeeding on some but not all allegations in a personal injury case is not usually a reason to deprive them of costs (Webb, Goodwin v Bennett UK Ltd, Morgan v UPS).
Webb v Liverpool Women's Hospital NHS Foundation Trust [2016] EWCA Civ 365
The 'unjust' bar for departing from Part 36 consequences is high (Mundy v TUI UK Ltd).
Mundy v TUI UK Ltd [2023] EWHC 385 (Ch)
Outcomes
Defendant to pay claimant's costs before 13 January 2023 on the standard basis.
Claimant was the substantially successful party, despite failing on one element of her claim. The court did not find claimant's conduct unreasonable.
Claimant's Part 36 offer was valid.
The offer, though a 90/10 liability split, was clear and applicable to the circumstances. Mundy v TUI UK Ltd was distinguished.
Defendant to pay claimant's costs after 13 January 2023 on an indemnity basis, with 5% interest above base rate.
Claimant's judgment was at least as advantageous as her Part 36 offer, and it would not be unjust to apply Part 36 consequences.
Defendant to pay £685,000 on account of costs and £100,000 on account of damages within 28 days.
Based on assessment of likely costs and damages awards.
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