[2025] EWHC 2692 (KB)

A round table meeting (RTM) was arranged for 1 July 2025. It took place at the offices of the Claimant’s solicitors and was attended by solicitors and counsel for both parties. Prior to the RTM all directions had been complied with, save for experts’ discussions and joint reports.

At the RTM, offers were exchanged but no settlement was reached because the Claimant wished to settle on a provisional damages basis. The Claimant had not previously intimated such a claim and not surprisingly the Defendant did not have authority to settle on that basis.

At the end of the RTM it was agreed that the Claimant would propose terms, including as to provisional damages, on which he would be prepared to settle the claim.

On the day following the RTM (2 July 2025) the Claimant’s solicitors made a Part 36 offer which included a retained lump sum, a variable periodical payments order and order for provisional damages. This offer was made on the basis of instructions given by the Claimant at the RTM on 1 July 2025.

On 8 July 2025 the Claimant’s solicitor wrote to the Defendant’s solicitor to put the Defendant on notice that the Claimant wished to withdraw the Part 36 offer made on 2 July 2025. However the offer was accepted by the Defendant 22 July 2025.

The Claimant now wishes to settle his claim on the basis of a lump sum damages award and an order for provisional damages calculated on the basis that the lump sum award would be equal in value to the lump sum and variable periodical payments contained in the Defendant’s Part 36 offer. The offer was made in writing on 29 July 2025.

By consent the trial on quantum has been vacated and the parties instead wish me to determine this application.