B v NWA NHS Trust

Ongoing seven figure claim proceeding in the High Court on behalf of the dependents of a deceased patient following the negligent failure to diagnose cancer.

A v Tagg & Co

Representing the defendant in a case pleaded at £2million proceeding in the High Court. There has already been a successful (contested) application to resile from an admission of liability; and the claim now proceeds with liability, causation and credibility all in dispute.

P & Ors v Germanwings Gmbh; and M & Ors v Germanwings Gmbh

Confidential settlements achieved in two separate High Court claims brought on behalf of dependents of two different families arising out of the Germanwings disaster. There were significant disputes as to jurisdiction, applicable law and quantification, all of which had to be resolved during the settlement negotiations. The terms of the agreements included non-disclosure provisions, which prevent publication of the nature of the settlement achieved.

Gaten v Johnson

£470,000 settlement achieved at Joint Settlement Meeting in which the Claimant had suffered permanent, or semi-permanent, cognitive deficit from a head injury and psychological symptoms arising out of a serious road traffic accident.

Kaur v University Hospitals NHS Foundation Trust

Confidential settlement achieved at mediation in a High Court claim on behalf of the dependants of a deceased patient whose Mantle Cell Lymphoma (MCL) had been diagnosed two years late after negligent analysis of a biopsy. He later developed a blastic variant of the disease that resulted in his early death. Causation and quantum remained in dispute.

Keen v Ashford and St Peter’s NHS Hospitals Trust

Clinical negligence case that settled for a six-figure sum. The Claimant’s sigmoid colon was injured whilst undergoing a hysterectomy, which the surgeon failed to notice. Consequently, the Claimant developed infection; required three additional surgical procedures; and needed to use a colostomy bag permanently after the failure of the final operation to reverse a loop colostomy due to anastomic leakage. Breach of duty and causation remained in dispute. The claim was settled on the basis that the Claimant would not now risk any further surgery and would therefore have permanent disability.

Y v WHH NHS Trust

Obstetric/gynaecological case that settled well into seven figures. The claimant sustained a second or third degree tear to her anal sphincter as a result of the failure to perform an episiotomy or an operative delivery during the birth of the claimant’s first child. She was left with debilitating colorectal symptoms that significantly reduced her earning capacity.

R v E&A NHS Trust

Ongoing High Court claim.  This is a case involving negligent colorectal surgery and/or follow-up treatment. The claimant suffered an anastomotic leak due to an incomplete donut being formed when preparing the stoma during an anterior resection to excise her cancer. She required three further surgical procedures but has been left with extensive internal abdominal scarring, constant pain, significantly impaired bowel function and permanent need for a stoma. Breach of duty and causation currently remain in dispute.

S v Secretary of State for Health

High Court claim that settled for a high six-figure sum. The claim arose out of surgical negligence resulting in a permanent frozen shoulder that had caused significantly impaired function. Causation remained in dispute but the claimant’s medical evidence was that he was unlikely ever to return to full function.

R & Ors v C

Confidential settlements negotiated at mediation on behalf of three dependents arising out of a death during the Shoreham Air Disaster. There were disputes between family members as to the existence and/or extent of the dependency of three of these dependents; and their right to be added as individual parties to proceedings. The matter was resolved in their favour during mediation with the conflicted parties separately represented; and individual damages and costs orders negotiated.

Iddaoudi v London Ambulance NHS Trust & Central London Healthcare NHS Trust

High Court case that settled for a six-figure sum. Breach of duty and causation remained in dispute. The claim arose out of the failure of both the London Ambulance Service and the claimant’s local hospital to identify and treat pending compartment syndrome, resulting in permanent disability.

D’Souza v West Middlesex University Hospitals NHS Trust

High Court claim that settled for a six-figure sum. The (retired) claimant suffered a damaged popliteal artery during knee surgery that resulted in permanently reduced mobility and independence. Breach of duty and causation were both in dispute. The case settled on the basis that the claimant would, absent negligent surgery, have maintained his independence for the foreseeable future without the need for permanent assistance.

Chatburn & Whitley v Whitley

£365,000 settlement negotiated at JSM on behalf of claimants whose mother tragically died in a plane crash. There were significant dependency claims for loss of child care services to her grandchildren that she had been expected to provide.

Elliott v Light

£382,500 settlement negotiated at JSM on behalf of claimant who suffered from life-changing disability due to the development of Chronic Pain Syndrome and Somatic Symptom Disorder. There was fundamental disagreement between the pain and psychiatric experts as to causation in light of the claimant’s pre-existing medical history; and as to prognosis (whether and to what extent she would recover). The claim settled on the basis that there would only be modest recovery in future.

Vasile v Ioan & AXA Insurance UK PLC

Successful application to amend defence and strike out a claim as an abuse of process (applying Summers v Fairclough Homes Ltd [2012] UKSC 26; [2012] 1 W.L.R 2004) on grounds of fundamental dishonesty in a related but unissued personal injury claim.

Shamansouri & Ors v Pistolas & Advantage Insurance Company Ltd

Two day fraud trial in which HHJ Collender QC found that the Claimants perpetrated a fraud by staging or contriving a collision at a junction. The key issue was whether the vehicle damage proved that the Claimants’ vehicle was stationary on impact, which would have been wholly incompatible with their account. Both engineering experts gave oral evidence at trial, with the Judge preferring the Second Defendant’s evidence. The claims were dismissed with indemnity costs awarded.

El-Ech v Agha

Two day housing disrepair fraud trial before HHJ Lamb QC in which the Claimant discontinued on the second day following cross-examination and to avoid express findings of fraud, as intimated by the Judge after hearing his evidence.

Arif & Ors v Serdet

Two day fraud trial before HHJ Simpkiss QC in which the Claimants were found to have perpetrated a fraud by deliberately inducing a collision. The claims were dismissed, exemplary damages were awarded and costs were assessed on the indemnity basis.

Keane, Stoke & Ors v Pika & Markerstudy Insurance Ltd

Three day fraud trial before HHJ Seys Llewellyn QC in which multiple claims were brought by the alleged occupants of two vehicles. All claims were dismissed on grounds that no collision was likely to have occurred with a full award of costs in favour of the Second Defendant.

Holland v Vose

£300,000 quantum settlement negotiated at JSM on behalf of claimant who suffered horrific leg injuries that prevented him from returning to his old work capacity. The settlement figure was reduced to reflect an agreed apportionment of liability.

Westcott v Quirke

£320,000 settlement negotiated at JSM on behalf of a claimant who lost her job as a teacher following the onset of symptoms from asymptomatic pars fractures after a serious motorcycle accident.

Philpott v RG Carter

£320,000 quantum settlement negotiated at JSM on behalf of claimant who suffered disabling ankle injuries and was likely to require full fusion operations on both ankles in the future. The final settlement was discounted to reflect an agreed apportionment of liability.

TGC Costs Newsletter Vol III

10th December 2018

Please see link below to the latest update from the TGC Costs Team.

View External Link

TGC Costs Newsletter

17th May 2018

Please see link below to the latest TGC Costs Newsletter.

View External Link