Manna v Central Manchester University Hospitals NHS Foundation Trust [2017] EWCA Civ 12 (18 January 2017)

This is an appeal in respect of one item only of an award of damages made by Cox J on 1 October 2015 in favour of the Claimant/Respondent Lamarieo Manna, then 18 years of age. There is also a challenge to the judge’s order requiring the Defendant/Appellant Health Authority to pay on the indemnity rather than the standard basis the Claimant’s costs incurred from 11 June 2015, including therefore the costs of the trial which started on 15 June 2015, lasted for 8 days and in the course of which a considerable body of expert evidence was heard. (paragraph 1)

…judge’s award upheld… (paragraph 32)


…litigation in this field is often hard-fought. Given that litigation is necessarily adversarial, and that litigation unfortunately cannot be avoided in this field, I guard against a feeling that sometimes it is conducted in a manner inappropriate to the subject matter… I would therefore dismiss the Appellant’s appeal on this aspect also. (paragraph 42)