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

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

There is no inherent provision in Part 36 or elsewhere in the CPR for the court to vary or rewrite the period for acceptance of a Part 36 offer; the court has no jurisdiction to make the order requested.

Citation
[2022] EWHC 1668 (QB)
Parties
Applicant Claimant: Mrs Halima Begum; 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
Outcome
Application dismissed
Legal Topics
Part 36 Offers, Jurisdiction, Costs Consequences, Extension of Time
Civil Procedure Clinical Negligence Part 36 Offers Jurisdiction Costs Consequences Extension of Time

Case Brief

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Parties

Mrs Halima Begum

Applicant Claimant

Mr Farid Akhtar

Litigation Friend

Barts Health NHS Trust

Respondent Defendant

Procedural Posture

Clinical Negligence / Pre Issue Application

Legal Issues

  1. 1 Does the court have jurisdiction to extend the relevant period for acceptance of a Part 36 offer?
  2. 2 Can the court pre-emptively direct costs consequences for late acceptance of a Part 36 offer?

Ratio Decidendi

There is no inherent provision in Part 36 or elsewhere in the CPR for the court to vary or rewrite the period for acceptance of a Part 36 offer; the court has no jurisdiction to make the order requested.

Court Disposition

Application dismissed