MEF v St George's Healthcare NHS Trust [2020] EWHC 1300 (QB) (22 May 2020)

A Calderbank offer to settle, not expressly time-limited and not withdrawn, does not lapse at the commencement of a detailed assessment hearing but remains open for acceptance during the hearing, subject to the condition that the offeree agrees in principle to pay the offeror's reasonable costs of detailed assessment since the specified date, to be assessed if not agreed.

Citation: [2020] EWHC 1300
Parties: Respondent/claimant: MEF (A Protected Party, by his Mother and Litigation Friend, FEM); Appellant/defendant: St George's Healthcare NHS Trust
Jurisdiction: England and Wales
Judgment Date: 22 May 2020
Procedural Posture: Appeal From Costs Judge (detailed Assessment of Costs) / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Offer and Acceptance, Calderbank Offers, Detailed Assessment of Costs, Lapse of Offers, Interpretation of Settlement Offers

Civil Procedure Costs Offer and Acceptance Calderbank Offers Detailed Assessment of Costs Lapse of Offers Interpretation of Settlement Offers

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Parties

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

Respondent/claimant

St George's Healthcare NHS Trust

Appellant/defendant

Procedural Posture

Appeal From Costs Judge (detailed Assessment of Costs) / Appeal Judgment

Legal Issues

1 Whether a Calderbank offer to settle, without express time limit, can be accepted after the commencement of a detailed assessment hearing or whether it lapses at the start of the hearing
2 Proper construction of the condition attached to the August 2019 Offer regarding payment of the Defendant's costs

Ratio Decidendi

Court Disposition

Appeal dismissed