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PI Brief Update

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.

Background

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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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.