Chadwick v Hollingsworth (No. 2)

Chadwick v Hollingsworth (No. 2)

The judge 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 aspects of the original pleading survived and the just allocation of costs should await the outcome of trial. The proper order is that the claimant should bear only the costs of and caused by the amendment, including costs thrown away by adjournments.

Parties
Appellant / Claimant: Donald Chadwick; Respondent / Defendant: Robin Hollingsworth
Jurisdiction
England and Wales
Judgment Date
02 November 2010
Procedural Posture
Civil Appeal Medical Negligence / Appeal From Order on Amendment and Costs
Outcome
Appeal allowed in part
Legal Topics
Amendment of Pleadings, Costs Orders, Expert Evidence, Causation in Negligence
Civil Procedure Medical Negligence Amendment of Pleadings Costs Orders Expert Evidence Causation in Negligence

Case Brief

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Parties

Donald Chadwick

Appellant / Claimant

Robin Hollingsworth

Respondent / Defendant

Procedural Posture

Civil Appeal Medical Negligence / Appeal From Order on Amendment and Costs

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 would have failed without the amendment

Ratio Decidendi

The judge 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 aspects of the original pleading survived and the just allocation of costs should await the outcome of trial. The proper order is that the claimant should bear only the costs of and caused by the amendment, including costs thrown away by adjournments.

Court Disposition

Appeal allowed in part

Orders

  • Claimant to bear the costs of and caused by the amendment, including costs thrown away by adjournments; not all costs to date.