Two interesting cases reported: first that a party was ordered to pay indemnity costs in a clinical negligence case for making no offers at a joint settlement meeting. This is reported by Kings Chambers who were involved in the case. Browne Jacobson acted for the Defendant.
“the most important aspect is the fact that indemnity costs were ordered against the Defendant for failing to make any offer to the Claimant. The JSM had in fact been instigated by the Defendant (although that was not the basis for such a decision). Arguments advanced by the Defendant that in the light of the Claimant’s position the parties were too far apart were not considered to be sufficient to make no offer at all.”
In a costs case it is reported by Herbert Smith Freehills that “the High Court has held that a “without prejudice save as to costs”, or Calderbank, offer to settle detailed assessment proceedings, which did not include a time limit for acceptance, could be accepted after the detailed assessment hearing had commenced: MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB).”