In a recent judgment from the Court of Session, the court found that an eight-month delay in accepting a settlement tender was unreasonable and had costs consequences.

The tender had been available throughout, but the pursuer’s legal team chose not to accept it until many months later. The court decided there was no justification for the delay and ordered the claimant to cover the costs incurred during that period.

Why the Court Took a Firm Line

Tenders are intended to resolve claims efficiently and avoid unnecessary litigation. When an offer is left on the table but ignored, proceedings continue to generate cost without changing the likely outcome. 

The court made clear that this undermines the very point of the system.

Implications for Clinical Negligence and PI Claims

For practitioners, the case shows that timeliness is part of the duty owed to the court. Where delays add unnecessary cost, consequences will follow — even if the underlying claim is otherwise sound.

In complex clinical negligence and personal injury cases, costs escalate quickly, credibility can be eroded, and late action on settlement risks damaging both the client’s position and the firm’s reputation. 

This judgment also shows that courts are increasingly prepared to use costs orders to enforce discipline. (It follows a wider trend in both England and Scotland where procedural delays — whether in settlement, disclosure, or expert instruction — are attracting sharper judicial scrutiny).

Practical steps to reduce risk include:

• Review tenders promptly: delays in acceptance will be scrutinised.
• Escalate decisions quickly: ensure systems are in place for case handlers to obtain timely instructions.
• Keep expert evidence on schedule: late reports or disorganised disclosure can trigger the same cost risks.
• Communicate with clients: make clear the risks of delay so informed decisions are taken early.

Comment from UKExpertMedical

At UKExpertMedical, we help solicitors keep cases on track by providing clear, court-ready reports without delay. Efficient evidence means stronger case management, smoother settlement discussions, and less risk of avoidable costs. Get in touch to see how we can support your next case.