Description
The normal rules of CPR r.36.10(5) did not apply when experts were unable to predict the impact of a brain injury until a young child fully matured.
The C had been injured in a road traffic accident caused by D when he was six years old causing a severe head injury however the experts were unable to predict the impact of the injury until he matured. The C accepted a Part 36 offer out of time. At first instance it was ordered that C should pay D's costs from the expiry of the offer. C successfully appealed. It was held that it was unjust to make the normal costs order. The judge's order was set aside and an order substituted that C should have his costs throughout.
