KT & ST (Minors) v Bruce [2011] EWHC B14 (QB) (28 June 2011)

KT & ST (Minors) v Bruce [2011] EWHC B14 (QB) (28 June 2011)

CPR 36.10 applies to pre-action Part 36 offers, and 'costs of the proceedings' includes pre-issue costs. However, where court approval is required for settlement involving minors, the court has discretion under CPR 36.9(3)-(4) to determine costs. In this case, given the need for further investigation, the Defendant's delay, and the requirements for court approval, it was reasonable for the Claimants not to accept the offer within 21 days. The court exercised its discretion to award the Claimants their reasonable costs down to and including approval of acceptance of the Part 36 offer, departing from the default position in CPR 36.10(5).

Citation
[2011] EWHC B14
Parties
Claimant: KT and ST (Minors) via their father and litigation friend & Anor (Joint Administrators of the Estate of Tracy Ann Williams (Deceased)); Defendant: Dr Susan Bruce
Jurisdiction
England and Wales
Judgment Date
28 June 2011
Procedural Posture
Part 8 Proceedings (approval of Settlement in Clinical Negligence Claim) / Costs Determination Following Approval of Settlement
Outcome
Claimants awarded their reasonable costs down to and including approval of acceptance of the Part 36 offer; court declined to order Claimants to pay Defendant's post-21-day costs.
Legal Topics
Part 36 Offers, Costs Consequences, Court Approval of Settlements Involving Minors, Pre Action Protocols, Fatal Accidents Act Claims
Civil Procedure Clinical Negligence Part 36 Offers Costs Consequences Court Approval of Settlements Involving Minors Pre Action Protocols Fatal Accidents Act Claims

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Parties

KT and ST (Minors) via their father and litigation friend & Anor (Joint Administrators of the Estate of Tracy Ann Williams (Deceased))

Claimant

Dr Susan Bruce

Defendant

Procedural Posture

Part 8 Proceedings (approval of Settlement in Clinical Negligence Claim) / Costs Determination Following Approval of Settlement

Legal Issues

  1. 1 Does CPR Part 36.10 apply to pre-action Part 36 offers accepted before proceedings are issued?
  2. 2 Should the court exercise discretion to depart from the usual costs consequences under CPR 36.10(5) where approval is required for settlement involving minors?

Ratio Decidendi

CPR 36.10 applies to pre-action Part 36 offers, and 'costs of the proceedings' includes pre-issue costs. However, where court approval is required for settlement involving minors, the court has discretion under CPR 36.9(3)-(4) to determine costs. In this case, given the need for further investigation, the Defendant's delay, and the requirements for court approval, it was reasonable for the Claimants not to accept the offer within 21 days. The court exercised its discretion to award the Claimants their reasonable costs down to and including approval of acceptance of the Part 36 offer, departing from the default position in CPR 36.10(5).

Court Disposition

Claimants awarded their reasonable costs down to and including approval of acceptance of the Part 36 offer; court declined to order Claimants to pay Defendant's post-21-day costs.

Orders

  • Claimants entitled to their reasonable costs down to and including approval of acceptance of the Part 36 offer.
  • No order that Claimants pay Defendant's costs from expiry of the 21-day period.