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PI Brief Update

Whiten v St George’s Healthcare NHS Trust [2011] EWHC 2066 (QB): Part 1 - William Latimer-Sayer, Cloisters

02/12/11. It is rare for large quantum claims to fight to trial.  These days the vast majority of cases settle at roundtable settlement meetings or by way of Part 36 offers being made.  The costs risks are often too high to justify battling it out at trial, which is why it is of such interest when a case does fight all the way.  A recent example of such a case is Whiten v St George’s Healthcare NHS Trust [2011] EWHC 2066 (QB).  Swift J had a mammoth task of assessing damages because most heads of loss were left in issue and her judgment ran to 120 pages plus appendices.  The final award was £6.645 m.  Whilst it is not possible to explore all aspects of this judgment in this brief article I pick out a few points below which might be helpful in respect of other cases.  Further points will be addressed in a subsequent article.

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.