Posted inClinical Negligence Personal injury Quantum

The Supreme Court Allows Lost Years Claims for Children in CCC

The Supreme Court Allows Lost Years Claims for Children in CCC Lizanne Gumbel KC and Rajkiran Arhestey CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 Introduction The Supreme Court has finally provided the answer to a question which has vexed many clinical negligence practitioners, particularly those who…
Posted inClinical Negligence, Personal injury, Quantum
Posted inClinical Negligence Issue 14 Quantum

Quantum Trial in Cerebral Palsy Case

Quantum Trial in Cerebral Palsy Case John Whitting KC and Thomas Hayes CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) Background The Claimant was a young girl who developed cerebral palsy with severe spastic quadriplegia, profound learning disabilities, visual impairment and epilepsy following severe chronic partial…
Posted inClinical Negligence, Issue 14, QuantumTags: , ,
Posted inIssue 11 Quantum

Damages: Adequacy of State-Funded Package of Care

Martin v Salford Royal NHS Foundation Trust [2021] EWHC 3058 (QB) Introduction The Claimant in Martin suffered a sub-trochanteric stress fracture to the right proximal femur in the shower whilst undergoing inpatient mental health treatment at Prestwich Hospital. The fracture is of a kind which is spontaneous, rather than arising…
Posted inIssue 11, Quantum
Posted inIssue 9 Personal injury Procedural Quantum

Proving the Dream – Evidencing Claims for Future Loss of Earnings as a Professional Footballer

TVZ v Manchester City Football Club Ltd [2021] EWHC 1179 (QB) Swansea City AFC v Owen [2021] EWHC 1539 (QB) Introduction Two recent cases highlight contrasting approaches by claimants to proving the level of earnings they could have expected to receive as professional footballers, but a generous approach by the…
Posted inIssue 9, Personal injury, Procedural, QuantumTags:
Posted inClinical Negligence Issue 8 Procedural Quantum

Contested Interim Payment Applications and Why to Avoid Them

Carl Duffy v Centraal Beheer Achmea [2020] EWHC 3341 Interim payment applications in clinical negligence and other personal injury cases are a prolific area of contested litigation. It is surprising how often an interim payment cannot be agreed. It is probably partly because applications need to be made urgently to…
Posted inClinical Negligence, Issue 8, Procedural, QuantumTags: