MEF v St George's Healthcare NHS Trust

MEF v St George's Healthcare NHS Trust

The August 2019 Offer did not lapse at the commencement of the detailed assessment hearing and remained open for acceptance during the hearing. The offer was subject to the condition that the Claimant agree in principle to pay the Defendant’s costs of detailed assessment since 27 September 2018, those costs to be assessed if not agreed. The Claimant’s acceptance on 18 September 2019 constituted a binding settlement of the proceedings.

Parties
Claimant/respondent: MEF (A Protected Party, by his Mother and Litigation Friend, FEM); Defendant/appellant: St George’s Healthcare NHS Trust
Jurisdiction
England and Wales
Judgment Date
22 May 2020
Procedural Posture
Appeal (costs Assessment) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Offer and Acceptance, Detailed Assessment of Costs, Calderbank Offers, Part 36 Offers, Contractual Interpretation
Civil Procedure Costs Offer and Acceptance Detailed Assessment of Costs Calderbank Offers Part 36 Offers Contractual Interpretation

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Parties

MEF (A Protected Party, by his Mother and Litigation Friend, FEM)

Claimant/respondent

St George’s Healthcare NHS Trust

Defendant/appellant

Procedural Posture

Appeal (costs Assessment) / Appeal Judgment

Legal Issues

  1. 1 Whether a Calderbank offer to settle costs can be accepted after the commencement of a detailed assessment hearing
  2. 2 Whether the August 2019 Offer lapsed at the start of the hearing or remained open for acceptance
  3. 3 Proper construction of the condition regarding payment of the Defendant’s costs in the August 2019 Offer

Ratio Decidendi

The August 2019 Offer did not lapse at the commencement of the detailed assessment hearing and remained open for acceptance during the hearing. The offer was subject to the condition that the Claimant agree in principle to pay the Defendant’s costs of detailed assessment since 27 September 2018, those costs to be assessed if not agreed. The Claimant’s acceptance on 18 September 2019 constituted a binding settlement of the proceedings.

Court Disposition

Appeal dismissed