Isobella Madeline Szczerbanik v Carnival PLC trading as Carnival Cruise Lines

The plaintiff, Isobella Madeline Szczerbanik, brought proceedings against Carnival PLC trading as Carnival Cruise Lines, alleging that she sustained injuries while on board a cruise ship operated by the defendant. The dispute ultimately reached the court, where the central issue was the allocation of costs between the parties. Specifically, the court was tasked with determining whether the plaintiff's refusal to accept a settlement offer from the defendant was unreasonable and whether such a refusal warranted the imposition of indemnity costs.

The court examined the circumstances under which the plaintiff had rejected the defendant's offer and the factors that influenced her decision. It considered the merits of the plaintiff's case, the reasonableness of her refusal, and the implications for the allocation of costs. The court concluded that the plaintiff's refusal to accept the offer was unreasonable, given the strength of the defendant's position and the risks associated with proceeding to trial. As a result, the court exercised its discretion to order costs on an indemnity basis from a specified date.

The court ordered that the plaintiff pay the defendant's costs on a party/party basis up to and including 16 November 2017, and on an indemnity basis from 17 November 2017. Additionally, the plaintiff's solicitor was directed to repay the plaintiff the entire amount of costs that the plaintiff had been ordered to pay to the defendant. The court also ordered the return of an exhibit related to the proceedings.