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The incomplete cross-examination: Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB) - Anisa Kassamali, Temple Garden Chambers

21/10/22. Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB) serves as a timely reminder to practitioners to ensure that they put all points to a witness in cross-examination.


The claimant suffered personal injury as a result of clinical negligence, specifically the amputation of his right lower leg below the knee. His claim included a number of heads of loss, including the cost of accommodation that he would have to purchase in order to meet his lifetime needs.

The claimant lived with his partner. The defendant argued in final oral submissions that the claimant had failed to mitigate his loss by not seeking a contribution from his partner. That contribution should have been – the defendant contended – half of the price of the accommodation that the claimant and his partner would have purchased but for the...

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