A personal injury victim has had the Court of Appeal partly rule in her favour. Regardless of losing on another element of her case, the costs awarded for a birth negligence claim was the full 100 percent.
The compensation claim is made against a hospital trust that allegedly was negligent during a birth which resulted in spinal injuries. The claim initially made two charges against the defendant and had the second part disallowed by the judge.
After rejecting the Part 36 offer to resolve for 65% of the damages, the hospital trust were obliged to settle for the full compensation for injury and loss which the victim’s solicitor claimed entitlement for. The judge executed the matter of liability to this effect although, he ruled against the second allegation.
What this meant for the claimants, the costs for expert and the solicitors’ fees could not be recovered regardless of the overall success of the negligence case.
Arguing the claim
The representatives for the claimant disputed the outcome as the second element was realistically justified and relates to the same incident of the primary element. It is accepted that complex cases like these are likely to have more than one allegation, yet it is not uncommon to win only some aspects of the case.
Certainly, it was determined that the ensuing decision was more advantageous to the victim than the Part 36 offer. Had the hospital trust accepted the initial offer, the full costs awarded for the negligence could have been avoided.