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 the experts were unable to predict what the impact of
