Lowenthal v NHS Resolution [2023] EWHC 3560 (KB) (27 July 2023)

Lowenthal v NHS Resolution [2023] EWHC 3560 (KB) (27 July 2023)

There was no evidence of a concluded agreement to settle for £27,500; the claimant's assertion was unsupported by contemporaneous documents and contradicted by subsequent correspondence. The claim had no realistic prospect of success and should be struck out.

Citation
[2023] EWHC 3560 (KB)
Parties
Claimant: Miss Lowenthal; Defendant: NHS Resolution
Jurisdiction
England and Wales
Judgment Date
27 July 2023
Procedural Posture
Strike Out Application / Summary Judgment Application / Judgment on Application to Strike Out or for 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

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Parties

Miss Lowenthal

Claimant

NHS Resolution

Defendant

Procedural Posture

Strike Out Application / Summary Judgment Application / Judgment on Application to Strike Out or for 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

There was no evidence of a concluded agreement to settle for £27,500; the claimant's assertion was unsupported by contemporaneous documents and contradicted by subsequent correspondence. The claim had no realistic prospect of success and should be struck out.

Court Disposition

Claim struck out

Orders

  • Claim struck out for having no realistic prospect of success