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

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

Claimant entitled to costs against both defendants in proportions of liability (Dr Mills 30%, Football Club 70%); indemnity costs against Dr Mills from 18 December 2014 due to failure to accept Part 36 offer; Football Club not liable for costs relating to abandoned claims against other employees; Dr Mills' liability for costs ceases at 11am on 5 February 2015.

Citation
[2015] EWHC 387 (QB)
Parties
Claimant: Radwan 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 / Reserved Costs Judgment Following Liability Judgment
Outcome
Judgment for Claimant against both Defendants for damages to be assessed; costs apportioned between Defendants; permission to appeal apportionment refused.
Legal Topics
Apportionment of Liability, Costs, Vicarious Liability, Part 36 Offers, Indemnity and Standard Basis Costs
Tort Medical Negligence Sports Law Apportionment of Liability Costs Vicarious Liability Part 36 Offers Indemnity and Standard Basis Costs

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Parties

Radwan 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 / Reserved Costs Judgment Following Liability Judgment

Legal Issues

  1. 1 Apportionment of liability between defendants
  2. 2 Entitlement and basis for costs
  3. 3 Effect of Part 36 offers on costs

Ratio Decidendi

Claimant entitled to costs against both defendants in proportions of liability (Dr Mills 30%, Football Club 70%); indemnity costs against Dr Mills from 18 December 2014 due to failure to accept Part 36 offer; Football Club not liable for costs relating to abandoned claims against other employees; Dr Mills' liability for costs ceases at 11am on 5 February 2015.

Court Disposition

Judgment for Claimant against both Defendants for damages to be assessed; costs apportioned between Defendants; permission to appeal apportionment refused.

Orders

  • Defendants to pay Claimant's damages, interest, and costs apportioned 30% (Dr Mills) and 70% (Football Club).
  • Defendants to make interim payment of £50,000 to Claimant within 28 days.