Jurisdiction(s):
United Kingdom

Chinda v Cardiff & Vale University Health Board: Withdrawing a Part 36 offer under CPR 36.10 requires a change of circumstances, not a change of mind (England and Wales)

Published on: 20 January 2026

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Chinda v Cardiff & Vale University Health Board [2025] EWHC 2692 (KB)

The background

The claimant claimed there was a delay in identifying spinal tuberculosis associated with neurological harm. The defendant conceded a breach of duty for not arranging an MRI scan when the claimant presented to A&E in August 2020. Consequently, because of his injuries, the claimant is functionally paraplegic. He experiences neuropathic pain, paraesthesia and burning sensations in his back, and legs, together with bladder, bowel and sexual dysfunction. He was also found to have a syrinx which, according to the claimant’s neurosurgical expert, poses a small yet material risk of future deterioration in neurological function in his upper limbs, as well as a small risk of further decline affecting his bladder, bowels and sexual function. The defendant accepted several breaches and causation, and judgment was entered for the claimant, with quantum to be assessed. A quantum trial was listed for 2 October 2025.

The settlement negotiations

A round table meeting (RTM) was set for 1 July 2025, by which time all directions had been complied with, save for experts’ discussions and joint reports. On the day of the meeting, with discussions and joint statements still then outstanding...

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