Alli v Luton & Dunstable NHS Trust [2005] EWCA Civ 551 (27 April 2005)

Alli v Luton & Dunstable NHS Trust [2005] EWCA Civ 551 (27 April 2005)

The change in the claimant's evidence at trial did not materially alter the core issue or mislead the respondents in a way that justified departing from the normal rule as to costs. The respondents simply misjudged the strength of their case. The normal consequences of the claimant's successful Part 36 offer should apply.

Citation
[2005] EWCA Civ 551
Parties
Claimant/appellant: Jasmin Alli; Defendants/respondents: Luton & Dunstable NHS Trust
Jurisdiction
England and Wales
Judgment Date
27 April 2005
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Costs
Outcome
Appeal allowed
Legal Topics
Costs Orders, Part 36 Offers, Workplace Accidents, Negligence, Breach of Statutory Duty
Civil Procedure Personal Injury Employment Law Costs Orders Part 36 Offers Workplace Accidents Negligence Breach of Statutory Duty

Case Brief

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Parties

Jasmin Alli

Claimant/appellant

Luton & Dunstable NHS Trust

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Costs

Legal Issues

  1. 1 Whether the trial judge erred in making no order as to costs despite the claimant's success and Part 36 offers
  2. 2 Whether a change in the claimant's case at trial justified a departure from the normal costs rule

Ratio Decidendi

The change in the claimant's evidence at trial did not materially alter the core issue or mislead the respondents in a way that justified departing from the normal rule as to costs. The respondents simply misjudged the strength of their case. The normal consequences of the claimant's successful Part 36 offer should apply.

Court Disposition

Appeal allowed

Orders

  • Respondent to pay appellant's costs of the appeal on the standard basis, to be assessed if not agreed, with liberty to apply on entitlement to indemnity costs.
  • Respondent to pay appellant's costs below on the indemnity basis with enhanced interest from 03/09/2004.