Chadwick v Hollingsworth (No. 2) [2010] EWHC 2718 (QB) (02 November 2010)

Chadwick v Hollingsworth (No. 2) [2010] EWHC 2718 (QB) (02 November 2010)

The judge below erred in principle by summarily ordering the claimant to pay all costs to date on the basis that the original claim was worthless, when some original allegations survived and causation could be addressed by legal amendment; the proper approach is to reserve the allocation of costs to the trial judge, with the claimant to bear only the costs of and caused by the amendment and adjournments.

Citation
[2010] EWHC 2718 (QB)
Parties
Appellant / Claimant: Donald Chadwick; Respondent / Defendant: Robin Hollingsworth
Jurisdiction
England and Wales
Judgment Date
02 November 2010
Procedural Posture
Medical Negligence Appeal / Appeal From Order on Amendment and Costs in High Court
Outcome
Appeal allowed in part; costs order below set aside and replaced.
Legal Topics
Amendment of Pleadings, Costs Orders, Causation in Negligence, Expert Evidence
Medical Negligence Civil Procedure Amendment of Pleadings Costs Orders Causation in Negligence Expert Evidence

Case Brief

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Parties

Donald Chadwick

Appellant / Claimant

Robin Hollingsworth

Respondent / Defendant

Procedural Posture

Medical Negligence Appeal / Appeal From Order on Amendment and Costs in High Court

Legal Issues

  1. 1 Whether the claimant should be permitted to amend particulars of claim in medical negligence action
  2. 2 Whether the claimant should pay all costs to date as a condition of amendment
  3. 3 Whether the original claim was bound to fail absent the amendment

Ratio Decidendi

The judge below erred in principle by summarily ordering the claimant to pay all costs to date on the basis that the original claim was worthless, when some original allegations survived and causation could be addressed by legal amendment; the proper approach is to reserve the allocation of costs to the trial judge, with the claimant to bear only the costs of and caused by the amendment and adjournments.

Court Disposition

Appeal allowed in part; costs order below set aside and replaced.

Orders

  • Claimant to bear the costs of and caused by the amendment, including costs thrown away by adjournments; allocation of other costs to be determined at trial.