header-logo header-logo

A question of timing

07 September 2012 / Jonathan Aspinall
Issue: 7528 / Categories: Features , Costs , Personal injury
printer mail-detail
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 the experts were unable to predict what the impact of

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll