JLE v Warrington & Halton Hospitals NHS Foundation Trust
[2019] EWHC 1582 (QB)
The High Court has overturned a decision which held that the
Court may apply the 'injustice' test separately for each
part of CPR 36.17(4).
Background
The Claimant presented a Bill of Costs in the sum of
£615,751.51, and made a Part 36 offer of £425,000
inclusive of interest. The offer expired and at detailed
assessment, the Claimant was awarded £431,813.05, therefore
beating their offer.
During the assessment, the Claimant invited the Court to award
the consequences of paragraphs (a), (b), (c) and (d) of CPR Part
36.17.
Applying paragraph (d) would have result in an additional 10%
being awarded.
