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. 

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