Cashman v MID Essex Hospital Services NHS Trust [2015] EWHC 1312 (QB)

In detailed assessment proceedings, the claimant had submitted a bill in the sum of around £260,000 but had made an offer to settle closer to £152,000 pursuant to Part 36. At the assessment hearing, the bill was assessed at around £170,000. The claimant sought the additional amount provided for in CPR 36.14(3), representing 10% of the amount awarded. The Senior Costs Judge refused to allow the additional amount, stating that it would be an unjust result to allow it where there had been such a significant reduction in the claimant’s bill.

On appeal, the decision was overturned. The Senior Costs Judge had erred in relying on the degree of reduction made on assessment where the Part 36 offer had been for less than the assessed amount of costs. That approach had penalised the Claimant for making what turned out to be a reasonable Part 36 offer. The additional amount was allowed.

June 28, 2015 · Editorial Team · Comments Closed
Posted in: Cases