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O’Hare accepted it was true that the claim would have been avoided if the defendant, Guy’s and St Thomas’ NHS Foundation Trust, had accepted liability and volunteered compensation in 2011 when the complaint was made, or in 2012 when the solicitor’s letter was sent.

‘However, the ordinary steps taken by the defendant in these years do not, in my judgement, amount to conduct which put the solicitors to “additional” work in this case.’

Your costs are too high even though they may have been caused by the defendant's conduct in failing to admit the case. So much for the protocol. I doubt the duty of candour will change things. You can see where we are heading as far as fixed fees are concerned. I wonder how much this case cost the NHS overall in compensation and costs for both parties which could have been saved with and early admission and a good Part 36 offer by them? After all it's only taxpayers money!