SG v Hewitt [2012] EWCA Civ 1053

Posted on Thursday, August 2nd, 2012

The Claimant in this matter was a child who had suffered facial scarring and serious a serious head injury with frontal lobe damage in a road traffic accident.

The Defendant had made a part 36 offer of £500,000, however, a definitive prognosis could not be given by the Claimant’s experts and so the offer was not accepted at that time.

However, 2 years down the line, when a definitive prognosis could be made, the Claimant accepted the offer. The Claimant argued that the Defendant should pay the costs throughout. However, it was ordered that the Claimant should pay the Defendant’s costs from the expiry of the Part 36 offer.

The Claimant appealed and it was held unanimously that it was unjust to make the normal costs order. The costs order was therefore set aside and substituted for an order giving the Claimant his costs throughout.

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