August brings with it some breathing space before the arrival of October 1st.
August brings with it some breathing space before the arrival of the far reaching Fixed Costs reforms on October 1st.
I appreciate that everyone is busy but I cannot recommend enough the 2 judgments of Mr Justice Ritchie in CCC V SHEFFIELD TEACHING HOSPITALS.
Personal Injury and Clinical Negligence practitioners will learn lots from his thorough analysis of the law of damages, liability having been sensibly admitted by the defendant. Resolution of quantum took a 9 day hearing. What does the law say about whether private hydrotherapy arrangements should be recoverable? Why was one expert on living accommodation roundly rejected? See the judgment at (2023) EWHC 1770 ( KB).
A day later he delivered an equally important decision for Costs lawyers at (2023) EWHC 1905 ( KB) which I located on the BAILLI website. He had to decide whether a Part 36 offer made by the claimant generated rewards where the claimant had bettered her periodical payment order by almost £35,000 pa but fell £133,000 short on her related lump sum offer.
Do look out for the judgments of Sir Andrew. It was only 18 months ago that I attended his swearing in. He has already made a real impact and will go far and high.
Dominic Regan, Director of the Frenkel Topping Knowledge Hub.
07.08.2023