Cutting v Islam

Cutting v Islam

The claimant is the successful party as she obtained damages that could not have been recovered without litigation, despite only partial success. The late amendment did not substantially alter the case, and the defendant made no reasonable settlement offers. However, given the limited recovery and late amendment, the claimant's costs should be reduced by 25%.

Parties
Claimant: Melissa Cutting; Defendant: Dr Asim Islam
Jurisdiction
England and Wales
Judgment Date
14 May 2014
Procedural Posture
Civil Medical Negligence / Post Liability Judgment; Costs and Final Order Determination
Outcome
Claimant awarded 75% of her costs; defendant to pay damages of £50,000.
Legal Topics
Costs, Causation, Damages, Breach of Duty, Prolongation of Life
Tort Law Medical Negligence Costs Causation Damages Breach of Duty Prolongation of Life

Case Brief

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Parties

Melissa Cutting

Claimant

Dr Asim Islam

Defendant

Procedural Posture

Civil Medical Negligence / Post Liability Judgment; Costs and Final Order Determination

Legal Issues

  1. 1 Who is the successful party for the purposes of costs?
  2. 2 Should the claimant's late amendment affect the costs order?
  3. 3 What proportion of costs should be awarded given partial success?

Ratio Decidendi

The claimant is the successful party as she obtained damages that could not have been recovered without litigation, despite only partial success. The late amendment did not substantially alter the case, and the defendant made no reasonable settlement offers. However, given the limited recovery and late amendment, the claimant's costs should be reduced by 25%.

Court Disposition

Claimant awarded 75% of her costs; defendant to pay damages of £50,000.

Orders

  • Defendant to pay claimant £50,000 in damages.
  • Defendant to pay 75% of claimant's costs.