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.
In this post Charles Robertshaw of 12KBW examines the recent decision of Lambert J in Duncan Harrap v Brighton & Sussex University Hospitals NHS Trust  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 the first time during cross-examination at trial. The new evidence was fatal to the claimant’s case and led to the claim being discontinued. The court considered that the very late emergence of the new evidence was due to unreasonable conduct on the part of the defendant and, accordingly, the defendant should only recover part of its costs.
An important decision in the changing world of cost budgeting.
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 of lay and witness evidence, but before the parties had prepare for the trial, the parties compromised the claim. The Appellant produced a costs bill that was less than the total approved budget (unsurprising given the matter had settled before trial). Continue reading “Merrix v. Heart of England NHS Foundation Trust  EWHC 346 (QB); Costs budgeting”