This article is published as part of Capsticks’ Medical Malpractice and Casualty Forward View 2023.

Defendants may soon be able to enforce their costs against a claimant’s costs or damages obtained pursuant to a settlement.

The Court of Appeal’s decision in Harrison (2022) highlighted the anomaly that settlements fall outside CPR 44.14 (1) - even those requiring, as in this case, court permission for acceptance.

Currently, a defendant obtaining an order for costs following late acceptance of its Part 36 offer, is barred moment from enforcing the order. As part of its June 2022 Fixed Recoverable Costs consultation (now closed), the CPRC proposed that CPR 44.14 (1) is amended to refer explicitly to settlements.

Medical Malpractice and Casualty Forward View 2023

This article is part of Capsticks’ Medical Malpractice and Casualty Forward View 2023. 

Read the other articles featured in this publication below:

• Spotlight on three appeal court decisions to look out for in 2023
• Concussion in sport: the next industrial disease claim?
• Courts will continue to take a robust approach to fraud, but defendants should be rigorous when assessing the strength of their case
• Private surgeons could face Covid-19 related claims
• Covid-19 public inquiry: private hospitals may face requests for statements and documents
• Government prepares for Personal Injury Discount Rate (PIDR) review
• There could be an increase in the cost of care claims, but a decrease in the cost of accommodation claims
• Private hospitals and MedTech companies will need to keep an eye on emerging product and general liability risks
• New legislation may mean more clinical trials, but ‘lighter touch’ regulation and some simplified procedures
• Legal liabilities for transport of the future: e-scooters and self-driving vehicles
• Fixed recoverable costs (FRCs) – timetable delayed

Get in touch

Aiming to be the firm of choice for medical malpractice and casualty insurers, we advise and support on all aspect of claims and inquests.

To discuss how any of these issues may affect your organisation, please get in touch with Majid Hassan or Chery Blundell.