Manna v Central Manchester University Hospitals NHS Foundation Trust

Manna v Central Manchester University Hospitals NHS Foundation Trust

The award for a second adapted home for the claimant's father was upheld as fact-dependent and within the judge's discretion, applying the claimant's life multiplier under Roberts v Johnstone. The judge's decision to award indemnity costs from 11 June 2015 was also upheld, but only in relation to the conduct of the trial, not pre-trial negotiations.

Parties
Claimant/respondent: Lamarieo Manna (A Child and Protected Party by his Father and Litigation Friend Samuel Manna); Defendant/appellant: Central Manchester University Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
18 January 2017
Procedural Posture
Civil Appeal (damages, Clinical Negligence) / Appeal From High Court Judgment on Quantum and Costs
Outcome
Appeal dismissed; High Court judgment upheld.
Legal Topics
Assessment of Damages, Accommodation Claims, Costs (indemnity Vs Standard Basis)
Clinical Negligence Personal Injury Damages Assessment of Damages Accommodation Claims Costs (indemnity Vs Standard Basis)

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Parties

Lamarieo Manna (A Child and Protected Party by his Father and Litigation Friend Samuel Manna)

Claimant/respondent

Central Manchester University Hospitals NHS Foundation Trust

Defendant/appellant

Procedural Posture

Civil Appeal (damages, Clinical Negligence) / Appeal From High Court Judgment on Quantum and Costs

Legal Issues

  1. 1 Whether the claimant is entitled to damages for the cost of a second adapted home for contact with his father
  2. 2 Whether the Roberts v Johnstone calculation should use the claimant's or the father's life multiplier for the second home
  3. 3 Whether indemnity costs should be awarded from 11 June 2015

Ratio Decidendi

The award for a second adapted home for the claimant's father was upheld as fact-dependent and within the judge's discretion, applying the claimant's life multiplier under Roberts v Johnstone. The judge's decision to award indemnity costs from 11 June 2015 was also upheld, but only in relation to the conduct of the trial, not pre-trial negotiations.

Court Disposition

Appeal dismissed; High Court judgment upheld.

Orders

  • Award for second home for claimant's father upheld, calculated using claimant's life multiplier.
  • Indemnity costs order from 11 June 2015 upheld in relation to trial conduct.