HJ v Burton Hospitals NHS Foundation Trust [2018] EWHC 1227 (QB) (21 May 2018)

HJ v Burton Hospitals NHS Foundation Trust [2018] EWHC 1227 (QB) (21 May 2018)

The trial judge was entitled to prefer the occupational therapy expert's evidence over the joint orthopaedic expert's evidence in areas of overlapping expertise, provided reasons were given and the evidence was properly evaluated. The appellate court will not interfere where the trial judge's approach was reasoned and within the scope of judicial discretion.

Citation
[2018] EWHC 1227 (QB)
Parties
Claimant/respondent: HJ (A Child proceeding by her Mother and Litigation Friend LJ); Defendant/appellant: Burton Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
21 May 2018
Procedural Posture
Clinical Negligence Appeal / Appeal From County Court to High Court (queen's Bench Division)
Outcome
Appeal dismissed
Legal Topics
Expert Evidence, Assessment of Damages, Role of Joint Experts, Occupational Therapy Evidence, Appellate Review
Clinical Negligence Personal Injury Civil Procedure Expert Evidence Assessment of Damages Role of Joint Experts Occupational Therapy Evidence Appellate Review

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Parties

HJ (A Child proceeding by her Mother and Litigation Friend LJ)

Claimant/respondent

Burton Hospitals NHS Foundation Trust

Defendant/appellant

Procedural Posture

Clinical Negligence Appeal / Appeal From County Court to High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the trial judge erred in preferring the evidence of the claimant's occupational therapy expert over the jointly instructed orthopaedic expert in assessing damages for future loss.

Ratio Decidendi

The trial judge was entitled to prefer the occupational therapy expert's evidence over the joint orthopaedic expert's evidence in areas of overlapping expertise, provided reasons were given and the evidence was properly evaluated. The appellate court will not interfere where the trial judge's approach was reasoned and within the scope of judicial discretion.

Court Disposition

Appeal dismissed

Orders

  • Recorder's judgment and award of damages upheld
  • No adjustment to heads of future loss challenged on appeal