Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) (28 February 2018)

Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) (28 February 2018)

The judge erred in treating the second Part 36 offer as irrelevant and failing to give effect to its express terms regarding costs. The defendant was only entitled to costs from the expiry of the second offer, not from the expiry of the first (withdrawn) offer.

Citation
[2018] EWHC 370
Parties
Claimant/appellant: Gemma Ballard; Defendant/respondent: Sussex Partnership NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
28 February 2018
Procedural Posture
Appeal (costs) / High Court Appeal From County Court Decision on Costs After Quantum Only Trial
Outcome
Appeal allowed
Legal Topics
Part 36 Offers, Costs Orders, Withdrawal of Offers, Interpretation of Settlement Offers
Civil Procedure Personal Injury Part 36 Offers Costs Orders Withdrawal of Offers Interpretation of Settlement Offers

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Parties

Gemma Ballard

Claimant/appellant

Sussex Partnership NHS Foundation Trust

Defendant/respondent

Procedural Posture

Appeal (costs) / High Court Appeal From County Court Decision on Costs After Quantum Only Trial

Legal Issues

  1. 1 Whether the judge erred in treating the second Part 36 offer as irrelevant for costs purposes
  2. 2 Whether the terms of the second offer limited the defendant's entitlement to costs to the period after its expiry
  3. 3 Whether the first (withdrawn) Part 36 offer should affect the costs order

Ratio Decidendi

The judge erred in treating the second Part 36 offer as irrelevant and failing to give effect to its express terms regarding costs. The defendant was only entitled to costs from the expiry of the second offer, not from the expiry of the first (withdrawn) offer.

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 (after 1 March 2017)