Hamed v Mills & Anor [2015] EWHC 387 (QB) (20 February 2015)

Hamed v Mills & Anor [2015] EWHC 387 (QB) (20 February 2015)

Costs are to be apportioned between the Defendants in accordance with their liability (Dr Mills 30%, Football Club 70%). Indemnity costs apply against Dr Mills from the date his Part 36 offer expired. No further costs orders are made regarding abandoned claims against other employees, as previous orders suffice. The Football Club's refusal to accept Dr Mills' settlement offers was unreasonable but does not justify an adverse costs order due to speculative cost savings. Dr Mills' liability for costs ends at 11am on 5 February 2015, when he conceded liability.

Citation
[2015] EWHC 387
Parties
Claimant: Radwan Hamed (a Protected Party through his Father and Litigation Friend Raymon Hamed); First Defendant: Dr Peter George Mills; Second Defendant: Tottenham Hotspur Football Club and Athletic Limited; First Third Party: Dr Charlotte Myong Cowie; Second Third Party: Dr Mark John Curtin
Jurisdiction
England and Wales
Judgment Date
20 February 2015
Procedural Posture
Personal Injury/clinical Negligence / Post Liability Judgment; Reserved Costs Judgment
Outcome
Judgment for the Claimant against both Defendants; costs apportioned 30% to Dr Mills and 70% to the Football Club; specific costs orders as detailed; permission to appeal apportionment refused.
Legal Topics
Apportionment of Liability, Costs Orders, Vicarious Liability, Indemnity and Standard Basis Costs, Part 36 Offers, Third Party Proceedings
Tort Law Medical Negligence Sports Law Apportionment of Liability Costs Orders Vicarious Liability Indemnity and Standard Basis Costs Part 36 Offers +1 more

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Parties

Radwan Hamed (a Protected Party through his Father and Litigation Friend Raymon Hamed)

Claimant

Dr Peter George Mills

First Defendant

Tottenham Hotspur Football Club and Athletic Limited

Second Defendant

Dr Charlotte Myong Cowie

First Third Party

Dr Mark John Curtin

Second Third Party

Procedural Posture

Personal Injury/clinical Negligence / Post Liability Judgment; Reserved Costs Judgment

Legal Issues

  1. 1 How should costs be apportioned between defendants following a finding of split liability?
  2. 2 Should indemnity costs apply following a Part 36 offer?
  3. 3 Are further costs orders appropriate regarding abandoned claims against other employees?

Ratio Decidendi

Costs are to be apportioned between the Defendants in accordance with their liability (Dr Mills 30%, Football Club 70%). Indemnity costs apply against Dr Mills from the date his Part 36 offer expired. No further costs orders are made regarding abandoned claims against other employees, as previous orders suffice. The Football Club's refusal to accept Dr Mills' settlement offers was unreasonable but does not justify an adverse costs order due to speculative cost savings. Dr Mills' liability for costs ends at 11am on 5 February 2015, when he conceded liability.

Court Disposition

Judgment for the Claimant against both Defendants; costs apportioned 30% to Dr Mills and 70% to the Football Club; specific costs orders as detailed; permission to appeal apportionment refused.

Orders

  • Judgment for the Claimant against both Defendants for damages to be assessed.
  • Damages, interest, and costs apportioned 30% to Dr Mills and 70% to the Football Club.