Downing v Peterborough and Stamford Hospitals NHS Foundation Trust: Damages and Costs - Harry Trusted, Outer Temple Chambers
10/02/15. This was case was heard by Sir David Eady at the High Court in London on October 21 – 24 2014. On December 2nd 2014, the judge heard submissions on various consequential matters and the Approved Judgment (to be cited as [2014] EWHC 4216 was handed down on December 12 2014.
Note: The Defendant has sought permission to appeal the award and the outcome of that process is not yet known.
The Factual Background
The background to the case was unusual. The Claimant (Mr. Downing), had been a Class 2 Warrant Officer in the Army Air Corps. On medical advice, he underwent an operation in November 2006 which was intended to prevent him from snoring. He developed an infection which was followed by reactive arthritis which left him badly disabled. He was discharged from the army in August 2010 and he became virtually housebound and unable to participate in many ordinary domestic activities. There were substantial claims for costs of care and losses of earnings.
In December 2012, liability was compromised so that it was agreed that Mr. Downing would receive 63% of his assessed damages. The discount represented the litigation risk of failure of allegations of breach of duty and/or causation. The trial before Sir David Eady therefore concerned the assessment of damages only.
There was an issue of fact as to whether and to what extent the reactive arthritis could be...
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