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 erred in principle by summarily concluding that the claim up to the amendment was worthless and ordering all costs to date against the claimant; the proper approach was to allow the outcome of trial to determine the just allocation of costs, with the claimant to bear only the costs of and caused by the amendment and any costs thrown away by adjournments.

Citation
[2010] EWHC 2718
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 Granting Permission to Amend Particulars of Claim With Costs Order
Outcome
Appeal allowed in part
Legal Topics
Amendment of Pleadings, Costs Orders, Causation in Medical Negligence, Expert Evidence
Civil Procedure Medical Negligence Amendment of Pleadings Costs Orders Causation in Medical 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 Granting Permission to Amend Particulars of Claim With Costs Order

Legal Issues

  1. 1 Whether the judge erred in ordering the claimant to pay all costs to date as a condition of permitting amendment of particulars of claim
  2. 2 Whether the amended particulars constituted a substantially new case justifying such a costs order
  3. 3 Whether the original claim was bound to fail without the amendment

Ratio Decidendi

The judge erred in principle by summarily concluding that the claim up to the amendment was worthless and ordering all costs to date against the claimant; the proper approach was to allow the outcome of trial to determine the just allocation of costs, with the claimant to bear only the costs of and caused by the amendment and any costs thrown away by adjournments.

Court Disposition

Appeal allowed in part

Orders

  • Claimant to bear the costs of and caused by the amendment, including or in addition any costs thrown away by the need to adjourn the trial on the two occasions it was adjourned, except as already dealt with by previous orders.