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Toothless Offer of Compromise for self-represented litigant

Mr Jones successfully sued Dr Braund for professional negligence after a failed dental implant procedure. After commencing the action in April 2018, Mr Jones was self-represented from March 2019.

In Jones v Braund (No 3), Abadee DCJ ruled on the defendant’s application for indemnity costs. His Honour’s reasons for rejecting this application were published on 1 April 2020. His Honour found that no special costs order should be made, despite the defendant having served on 10 February 2020 what was on its face a valid and effective Offer of Compromise, as the unrepresented litigant was plainly unaware of the cost consequences of rejecting such an offer.

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