Mark Eade (led by C C Heyworth-Smith KC and K E Slack) represented the Respondent, instructed by Corrs Chambers Westgarth.
The case involves a Calderbank offer made by Metro North Hospitals which was refused by Stewart on the basis that it was monetarily insufficient. The Court of Appeal held that the offer represented a ‘genuine compromise’ and was therefore not insufficient. Stewart was ordered to pay Metro North’s costs of the appeal, assessed on the standard basis up to August 14 2024, and on the indemnity basis thereafter. Both parties were to pay their own cross-appeal costs.
The judgment can be read by clicking here