Lowenthal v NHS Resolution

Lowenthal v NHS Resolution

The claim was struck out because there was no evidence of a concluded agreement to settle for £27,500, and the claim had no realistic prospect of success.

Parties
Claimant: Miss Lowenthal; Defendant: NHS Resolution
Jurisdiction
England and Wales
Judgment Date
15 July 2024
Procedural Posture
Civil / Application to Strike Out or Summary Judgment
Outcome
Claim struck out
Legal Topics
Strike Out Applications, Summary Judgment, Settlement Agreements, Costs Orders
Civil Procedure Strike Out Applications Summary Judgment Settlement Agreements Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Lowenthal

Claimant

NHS Resolution

Defendant

Procedural Posture

Civil / Application to Strike Out or Summary Judgment

Legal Issues

  1. 1 Whether there was a concluded agreement to settle the costs order for £27,500
  2. 2 Whether the claim discloses a reasonable cause of action or has a realistic prospect of success

Ratio Decidendi

The claim was struck out because there was no evidence of a concluded agreement to settle for £27,500, and the claim had no realistic prospect of success.

Court Disposition

Claim struck out

Orders

  • The claim is struck out.