22/09/2016
Andrew Ritchie QC settled a case for a 65 year old man who suffered a clinical negligence event at Medway Hospital in 2011 which made him tetraplegic. He was unable to move his legs and unable to feel them, doubly incontinent and needed hoisting into and out of his wheelchair and bed. He had been imprisoned in care homes since the event without adequate local authority funding. Eventually 7 weeks before trial the NHSLA attended a JSM and after 4 hours of negotiations the case was settled for a lump sum of £1.5 million with PPOS of £215,000 pa rising by ASHE 6115 at the 80th centile. The two main issues were 2 or 1 carers 24/7 and breaking the rule in Roberts v Johnstone which did not provide enough compensation for the Claimant to buy accommodation and adapt it.
This week’s Dekagram covers the court system from top to bottom, domestically and internationally. Sarah Prager KC examines two recent decisions of the Court of Justice of the European Union relating to air travel, a decision considering the enforcement jurisdiction of the County Court, and…
In this week’s dekagram Dominique Smith examines the all-important topic of Part 36 offers, and the knotty question of whether and how they can be withdrawn, whilst Russell Wilcox considers what currency costs orders should be made in. When can a Part 36 Offer be…
In this week’s Dekagram Kerry Nicholson considers whether there’s any way around a failure to serve an N510 form on time when issuing a claim, and Robbie Parkin examines a quite extraordinary case which looks set to rumble on through the courts for years to…
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