Jamadar v Bradford Teaching Hospitals NHS Foundation Trust [2016] EWCA Civ (21 July 2016)

Posted on Thursday, January 26th, 2017

In this £3m clinical negligence claim the Defendant initially denied liability in their Defence and Form N149C was sent out by the Court with proposed allocation to the multi-track. However, the Defendant subsequently admitted liability and Form N149C was revoked with Judgment entered for an amount to be determined.
The matter was listed for a CMC and the Defendant filed and served a Costs Budget, but the Claimant failed to file and serve one, despite the Defendant’s requests.
At the CMC directions were given and the Defendant’s Costs Budget was approved. However, the District Judge found that the Claimant had failed to comply with CPR 3.13 and he restricted the Claimant’s recoverable costs to court fees only, as per CPR 3.14.
The Claimant applied for relief from sanctions but this was refused by a District Judge. The Claimant appealed and this was dismissed by a Circuit Judge and then the Court of Appeal upheld this decision.

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