In Chinda v Cardiff & Vale University Health
Board [2025] EWHC 2692 (KB) the court found that there
must be some significant alteration in the circumstances of a case
which would justify an offeror withdrawing or changing the terms of
an offer, and the Claimant's vulnerability (when viewed in
tandem with other factors) did not meet this test; the Claimant was
held to his Part 36 offer, with the court declining permission to
withdraw it.
The Background
An application by the Claimant dated 29 July 2025, seeking
permission to withdraw his part 36 Offer made on 2 July 2025, came
before Master Cook. The background to the Claim is that the
Claimant alleged a delay in diagnosis of spinal tuberculosis
relating to neurological injury. It is admitted that the Defendant,
in breach of duty, failed to arrange MRI scanning when the Claimant
attended A&E in August 2020.
