header-logo header-logo

07 September 2012 / Jonathan Aspinall
Issue: 7528 / Categories: Features , Costs , Personal injury
printer mail-detail

A question of timing

istock_000018793440medium_4

Can a pre-action Pt 36 offer afford protection, asks Jonathan Aspinall

In the recent case of SG (a minor by his mother and litigation friend) v Hewitt [2012] EWCA Civ 1053, [2012] All ER (D) 16 (Aug), a pre-action Pt 36 offer failed to protect a defendant where the prognosis was unclear at the time the offer was made and the claimant accepted the offer two years later. The Court of Appeal gave some clues on how they approach such cases involving child and protected party claimants, and the extent to which Pt 36 offers can be used by parties in such circumstances.

Timeline

The case involved a child claimant who was injured in a road traffic accident caused by the negligence of the defendant. The accident occurred in March 2003 when he was six years old. He sustained facial scarring and some brain damage. Medical and other reports were obtained with a view to a claim for damages, but

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll