The claimant claimed damages for historic child abuse by a teacher. On 19 January 2018 the Defendant offered to settle the claim by paying pounds 80,000 to the Claimant. On 2 April 2020 the Claimant accepted the offer. Because the period for accepting the offer under Part 36 of the Civil Procedure Rules had expired and the parties had not agreed who should pay costs after its expiry, the court had to decide whether it would be unjust to order the Claimant to pay costs after expiry. The Claimant argued that it would be unjust to make that order because the late acceptance was due to uncertain prognosis. The Defendant argued that the normal rule should apply. The court decided after looking at all the circumstances that it would not be unjust to order the Claimant to pay costs after expiry of the offer.
Judges:
Master Mccloud
Citations:
[2022] EWHC 1069 (QB)
Links:
Jurisdiction:
England and Wales
Personal Injury, Costs
Updated: 01 July 2022; Ref: scu.678577