"Without Prejudice Except in Relation to Costs" - Calderbank Offers.

In the case of Van Niekerk NO (obo estate late Louw) v MEC for Health: Northern Cape Province [2025] 3 All SA 552 (NCK), significant issues relating to costs and post-judgment remedies were tackled, illustrating the complexities within the judicial system concerning medical negligence claims. This case unfolded against the backdrop of a settled claim where judgment on damages was issued in July 2022. The plaintiff, as executor of the deceased estate, initiated three crucial applications after the defendant sought leave to appeal the damages judgment.

Central to this exploration is the application for reconsideration of the costs order, immediate execution of the damages award under Section 18(3) of the Superior Courts Act 10 of 2013, and a conditional application for leave to appeal. The defendant’s cross-appeal notably contested the costs awarded in the Section 18(3) application, arguing the plaintiff had not fulfilled the statutory prerequisites and should instead face costs on an attorney and own client scale.

The court's ruling in favor of the plaintiff showcases the robust legal interpretation of statutory requirements stipulated in Section 18. It was determined that the plaintiff successfully demonstrated irreparable harm and exceptional circumstances, challenging the lower court's dismissal of the application. This pivotal decision led to an award of costs on an attorney and own client basis and affirmed the plaintiff's right to pursue further recovery.

Furthermore, the ruling reinforced the Calderbank principle, where a plaintiff making a confidential offer could claim costs from the date of that offer if they achieved a better outcome. Thus, the court upheld the main appeal while dismissing the cross-appeal, underscoring the intricate balance courts must maintain between doing justice and adhering to procedural norms in post-judgment remedies. This case exemplifies how judicious interpretation of legal frameworks can yield beneficial outcomes for plaintiffs navigating the complexities of legal liabilities and costs.

***Kindly note that the contents of this article are intended for information purposes only and does not constitute legal advice. Consult an attorney.