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PI Brief Update

Adrianna Ramos v Oxford University NHS Trust - Matthew Smith, Kings Chambers

17/03/16. In Adrianna Ramos v Oxford University NHS Trust [2016] EWHC B4 (Costs) 2 February 2016, Master Leonard dealt with arguments about the reasonableness of additional liabilities incurred as a result of moving from Legal Aid to a CFA. This is one of a number of such cases. They are inevitably fact sensitive.

Facts

Claimant pursued a clinical negligence claim funded by Legal Services Commission. Certificate granted 3 March 2010. Discharged 25 February 2013. On the same date, claimant entered CFA lite with her solicitors. ATE policy dated 5 April 2013 (but it was found that the insurance contract had been made on 26 March 2013). Claim settled on 27 November 2014 with the claimant having an entitlement to costs to be assessed on the standard basis.

Claimant’s solicitor give evidence before Master Leonard that Legal Services Commission would not permit instruction of experts charging more than £180 per hour and would not agree to the fees being topped up. Experts instructed charged between £250 and £400 per hour. Claimant’s solicitor also concerned the claimant would...

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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.