CLAIMANT OBTAINS INDEMNITY COSTS AFTER DEFENDANT’S LATE ACCEPTANCE OF PART 36 OFFER: “BIMBLING” AND OTHER TALES OF MODERN LITIGATION
On the Leigh Day website there is a link to a judgment of H.H.J Alan Gore QC (sitting as a High Court Judge) in the case of Holmes -v- West London Mental Health NHS Turst (29th June 2018). The judge decided that the defendant’s conduct prior to accepting a Part 36 offer on liability was such that the claimant was entitled to indemnity costs. But there are many comments about modern litigation and conduct in the judgment on the way.
“my provisional view is that such “bimbling”, as one of my daughters calls it, is outrageous.”
The claimant brought an action for clinical negligence following the prescription of lithium. Liability was denied. However, eventually, the defendant accepted the claimant’s Part 36 offer of 95% liability. The judge was considering the question of whether the defendant should pay the claimant indemnity costs from the last date that the Part 36 offer could have been accepted.