Ballard v Sussex Partnership NHS Foundation Trust

Ballard v Sussex Partnership NHS Foundation Trust

The judge at first instance erred in treating the second (extant) Part 36 offer as irrelevant and in failing to give effect to its express terms regarding costs. The Defendant was bound by the terms of the second offer, which limited the adverse costs consequences to the period after 1 March 2017. The Claimant is entitled to her costs up to and including 1 March 2017, and must pay the Defendant's costs of the trial thereafter.

Parties
Claimant/appellant: Gemma Ballard; Defendant/respondent: Sussex Partnership NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
28 February 2018
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Costs After Quantum Only Trial
Outcome
Appeal allowed
Legal Topics
Costs, Part 36 Offers, Quantum of Damages
Civil Procedure Personal Injury Costs Part 36 Offers Quantum of Damages

Case Brief

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Parties

Gemma Ballard

Claimant/appellant

Sussex Partnership NHS Foundation Trust

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Costs After Quantum Only Trial

Legal Issues

  1. 1 Whether the costs consequences of a withdrawn Part 36 offer should apply for the period between its expiry and a subsequent offer
  2. 2 Whether the terms of the second (extant) Part 36 offer limited the Defendant's entitlement to costs

Ratio Decidendi

The judge at first instance erred in treating the second (extant) Part 36 offer as irrelevant and in failing to give effect to its express terms regarding costs. The Defendant was bound by the terms of the second offer, which limited the adverse costs consequences to the period after 1 March 2017. The Claimant is entitled to her costs up to and including 1 March 2017, and must pay the Defendant's costs of the trial thereafter.

Court Disposition

Appeal allowed

Orders

  • Claimant entitled to her costs up to and including 1 March 2017
  • Claimant to pay Defendant's costs of the trial