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Quantification of Damages in High Value Cases: A Scottish Strategy - Charlotte Edgar, Brodies LLP

23/11/16. Jill Clark v Greater Glasgow Health Board [2016] CSOH 126 concerns a young woman who suffered a catastrophic brain injury at birth. She alleged there had been negligent mismanagement of her mother’s labour on the part of the doctors and midwives involved in her mother’s care. Decree of absolvitor was pronounced by Lord Stewart, however he prepared a note to assist parties on the quantification of damages, if the case had been successful.

Lord Stewart’s note is of assistance for a number of reasons, including explaining the advantages and disadvantages of an agency based care model as compared to a direct employment model, discussing the hourly rates of carers and that different care models may be appropriate for different stages in the pursuer’s life.

The pursuer quantified damages at £9.76m, whereas the defender’s valuation was £6.86m. Accommodation costs were separately agreed, but there were a number of outstanding issues: whether a PI trust should be set up; which model of care should be used to cost future care; what level of damages should be allowed for case management, occupational therapy, future transport costs and personal care items. Lord Stewart’s observations help both parties by setting out what sort of evidence should be led to assist the court in making a decision...

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