Cashman v Mid Essex Hospital Services NHS Trust [2015] EWHC 1312 (QB) (11 May 2015)

Cashman v Mid Essex Hospital Services NHS Trust [2015] EWHC 1312 (QB) (11 May 2015)

The Master erred in refusing the additional amount under CPR 36.14(3)(d) based solely on the reduction in the bill of costs; the proper approach is to consider the terms of the Part 36 offer and all relevant circumstances under CPR 36.14(4); as none rendered it unjust, the additional amount must be awarded.

Citation
[2015] EWHC 1312 (QB)
Parties
Appellant / Claimant: Michael Richard Cashman; Respondent / Defendant: Mid Essex Hospital Services NHS Trust
Jurisdiction
England and Wales
Judgment Date
11 May 2015
Procedural Posture
Appeal From Costs Order in Clinical Negligence Proceedings / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
CPR 36.14(3)(d) Additional Amount, Detailed Assessment of Costs, Part 36 Offers, Clinical Negligence
Civil Procedure Costs CPR 36.14(3)(d) Additional Amount Detailed Assessment of Costs Part 36 Offers Clinical Negligence

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Parties

Michael Richard Cashman

Appellant / Claimant

Mid Essex Hospital Services NHS Trust

Respondent / Defendant

Procedural Posture

Appeal From Costs Order in Clinical Negligence Proceedings / Appeal Judgment

Legal Issues

  1. 1 Whether it was unjust to refuse an additional amount under CPR 36.14(3)(d) in detailed assessment proceedings
  2. 2 Proper application of CPR 36.14(3)(d) to costs proceedings

Ratio Decidendi

The Master erred in refusing the additional amount under CPR 36.14(3)(d) based solely on the reduction in the bill of costs; the proper approach is to consider the terms of the Part 36 offer and all relevant circumstances under CPR 36.14(4); as none rendered it unjust, the additional amount must be awarded.

Court Disposition

Appeal allowed

Orders

  • Claimant entitled to additional award under CPR 36.14(3)(d) calculated as 10% of assessed costs