ATE Premiums recoverable in Clinical Negligence claims

In this post Richard Viney of 12KBW examines the recent case of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust in which the Court of Appeal ruled that block-rated ATE premia will be recoverable for the ‘foreseeable’ future. Clinical negligence is one of the limited areas where ATE insurance premiums are … Continue reading ATE Premiums recoverable in Clinical Negligence claims

Paying the price for an incomplete witness statement

In this post Charles Robertshaw of 12KBW examines the recent decision of Lambert J in Duncan Harrap v Brighton & Sussex University Hospitals NHS Trust [2018] EWHC 1063 (QB). A successful defendant in a clinical negligence case was penalised in costs due to vital evidence being omitted from a witness statement and only elicited for … Continue reading Paying the price for an incomplete witness statement

Merrix v. Heart of England NHS Foundation Trust [2017] EWHC 346 (QB); Costs budgeting

This is a post by Andrew Roy and Alex Carrington of 12 King's Bench Walk An important decision in the changing world of cost budgeting. Facts : The Appellant bought a claim against the Respondent for damages for clinical negligence. Proceedings were commenced and the Appellant’s budget was approved at a CCMC. Following the exchange … Continue reading Merrix v. Heart of England NHS Foundation Trust [2017] EWHC 346 (QB); Costs budgeting