Smith v Havering Hospitals NHS Trust

Smith v Havering Hospitals NHS Trust

The defendant was given more than three months to serve its defence and was not disadvantaged by the claimant's failure to comply with the protocol. The defendant would not have settled prior to proceedings even with protocol compliance. No sanction is justified for the claimant's failure to observe paragraph 3.21...

Source-derived case information.

Parties
Claimant: Tara Lee Smith; Defendant: Havering Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
30 May 2003
Procedural Posture
Costs Application / Judgment on Defendant's Application
Outcome
Application dismissed
Legal Topics
Pre Action Protocols, Costs, Clinical Disputes, Limitation, Success Fee
Civil Procedure Medical Negligence Pre Action Protocols Costs Clinical Disputes Limitation Success Fee

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Parties

Tara Lee Smith

Claimant

Havering Hospitals NHS Trust

Defendant

Procedural Posture

Costs Application / Judgment on Defendant's Application

Legal Issues

  1. 1 Whether the claimant's solicitors failed to comply with the Pre-Action Protocol for the Resolution of Clinical Disputes
  2. 2 Whether such failure justifies disallowance or reduction of the success fee and/or costs

Ratio Decidendi

The defendant was given more than three months to serve its defence and was not disadvantaged by the claimant's failure to comply with the protocol. The defendant would not have settled prior to proceedings even with protocol compliance. No sanction is justified for the claimant's failure to observe paragraph 3.21 of the protocol.

Court Disposition

Application dismissed

Orders

  • Application for disallowance or reduction of success fee and costs is dismissed
  • Submissions on costs and appeals to be heard at a later directions hearing if parties do not attend when judgment is handed down