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 accepted before proceedings are issued, 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 depart from the default costs consequences. In this case, it was reasonable for the Claimants to require further time and investigation before accepting the offer, and the Defendant's delay contributed to the timing. The Claimants are entitled to their reasonable costs down to and including approval of acceptance of the Part 36 offer, and the court should make an order other than that provided for in CPR 36.10(5).

Citation
[2011] EWHC B14 (QB)
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 and Costs) / Post Settlement, Costs Determination
Outcome
Claimants entitled to their reasonable costs down to and including approval of acceptance of the Part 36 offer; court to make an order other than that provided for in CPR 36.10(5).
Legal Topics
Part 36 Offers, Costs Consequences, Court Approval of Settlements for Minors, Clinical Negligence, Pre Action Protocols
Civil Procedure Medical Negligence Personal Injury Part 36 Offers Costs Consequences Court Approval of Settlements for Minors Clinical Negligence Pre Action Protocols

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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 and Costs) / Post Settlement, Costs Determination

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 default costs consequences under CPR 36.10(5) in a case requiring court approval for minors?

Ratio Decidendi

CPR 36.10 applies to pre-action Part 36 offers accepted before proceedings are issued, 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 depart from the default costs consequences. In this case, it was reasonable for the Claimants to require further time and investigation before accepting the offer, and the Defendant's delay contributed to the timing. The Claimants are entitled to their reasonable costs down to and including approval of acceptance of the Part 36 offer, and the court should make an order other than that provided for in CPR 36.10(5).

Court Disposition

Claimants entitled to their reasonable costs down to and including approval of acceptance of the Part 36 offer; court to make an order other than that provided for in CPR 36.10(5).

Orders

  • Court approves acceptance of the Defendant's Part 36 offer of £190,000.
  • Claimants awarded their reasonable costs up to and including approval of settlement.