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

C was born on 12 March 2004. Things went wrong at her birth and she sustained an injury which caused a serious disability to her right shoulder, arm and hand. Her claim in clinical negligence D was compromised on the basis that it was agreed that she would receive 65% of the full value of her claim. (paragraph 1)

The parties could not reach agreement on the issue of quantum and the dispute fell to be resolved at a trial before [the] Recorder who went on to award C net damages in the sum of £578,276.30. (paragraph 2)

D contends, in this rolled up hearing, that the Recorder wrongly accepted the evidence of the C’s occupational therapy expert where it was in conflict with that of the jointly instructed orthopaedic expert. Having heard full submissions from both sides, the convenient course is for this court to give permission to appeal and now proceed to determine the matter on its substantive merits. (paragraph 3)

In all the circumstances, I am satisfied that the Recorder’s decision and the reasons he gave in support are unassailable. Accordingly, this appeal is dismissed. (paragraph 27)