Begum v Barts Health NHS Trust [2022] EWHC 1668 (QB) (05 July 2022)

The court has no jurisdiction under either Part 36 or CPR 3.1(2)(a) to extend the relevant period for acceptance of a Part 36 offer; the procedural code is self-contained and does not permit judicial intervention to vary the period for acceptance absent party agreement.

Citation: [2022] EWHC 1668
Parties: Applicant Claimant: Mrs Halima Begum (a protected party by her litigation friend Mr Farid Akhtar); Respondent Defendant: Barts Health NHS Trust
Jurisdiction: England and Wales
Judgment Date: 05 July 2022
Procedural Posture: Clinical Negligence / Pre Issue Application for Extension of Time to Accept Part 36 Offer
Outcome: Application dismissed
Legal Topics: Part 36 Offers, Jurisdiction to Extend Relevant Period, Costs Consequences of Late Acceptance, CPR 3.1(2)(a) Powers

Civil Procedure Clinical Negligence Part 36 Offers Jurisdiction to Extend Relevant Period Costs Consequences of Late Acceptance CPR 3.1(2)(a) Powers

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Parties

Mrs Halima Begum (a protected party by her litigation friend Mr Farid Akhtar)

Applicant Claimant

Barts Health NHS Trust

Respondent Defendant

Procedural Posture

Clinical Negligence / Pre Issue Application for Extension of Time to Accept Part 36 Offer

Legal Issues

1 Does the court have jurisdiction to extend the 'relevant period' for acceptance of a Part 36 offer under CPR 36 or CPR 3.1(2)(a)?
2 Can the court pre-emptively determine costs consequences of late acceptance of a Part 36 offer?

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Application to extend the relevant period for acceptance of the Part 36 offer is refused.