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; its express terms limited the defendant's entitlement to costs to the period after 1 March 2017, and the claimant is entitled to her costs up to and including that date.
- Citation
- [2018] EWHC 370 (QB)
- 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 Following Quantum Only Trial
- Outcome
- Appeal allowed
- Legal Topics
- Part 36 Offers, Costs Consequences, Withdrawal of Offers, Interpretation of Settlement Offers
Case Brief
Summary, issues, holding and outcome
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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 Following Quantum Only Trial
Legal Issues
- 1 Whether the judge erred in treating the second Part 36 offer as irrelevant to the costs order
- 2 Whether the terms of the second offer limited the defendant's entitlement to costs to the period after its expiry
Ratio Decidendi
The judge erred in treating the second Part 36 offer as irrelevant; its express terms limited the defendant's entitlement to costs to the period after 1 March 2017, and the claimant is entitled to her costs up to and including that date.
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
Full Case Text
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