Author: Imogen Hildred

JBX v Frimley Health NHS Foundation Trust [2026] EWHC 2294 (KB) is a quantum-only brain injury case where judgment was given on 4 September 2026 by Andrew Kinnier KC, sitting as a Deputy Judge of the High Court.  It addresses two important issues for personal injury practitioners.  Firstly, where should a claimant live?  Should someone […]

Read More… from JBX v Frimley Health NHS Foundation Trust: Should a catastrophically injured claimant live in a hospital or his own home? How should lost years damages be calculated post CCC?

Clinical negligence specialists Anthony Searle and Allegra Enefer analyse the Supreme Court’s landmark ruling on lost years damages for infant claimants in the case of CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5. Introduction On 18 February 2026, the Supreme Court allowed CCC’s appeal by a majority of four to one: [2026] […]

Read More… from Forty-four years in the wilderness: the Supreme Court finds the ‘lost years’ for child claimants

Clinical negligence specialist Anthony Searle analyses a recent decision on pleading deficiencies, expert evidence missteps, and costs consequences Introduction In Read v North Middlesex Hospital Trust [2025] EWHC 1603 (KB), Master Thornett delivered a judgment that should make clinical negligence practitioners pause. The case offers a triple warning for those undertaking claimant work: Inadequately particularised […]

Read More… from Pleadings, Expert Evidence and QOCS: A Triple Warning

The ratio of the decision in AXO v CICA [2024] EWCA Civ 226 is that in certain circumstances, there is overlap and double recovery of a CICA award and Convention damages for breach of the HRA, so that it is open to CICA to seek repayment from HRA damages of a CICA award. The decision […]

Read More… from CICA Awards and HRA Damages: is there double recovery?

Introduction The approach to causation in clinical negligence cases has changed significantly over the past 20 years. In this article I consider whether as practitioners we are about to see another significant step forward or whether in practical terms little has changed. Life before Bailey Before Bailey v. MoD, most clinical negligence practitioners thought that […]

Read More… from Causation in Clinical Negligence Cases: Can there be liability where the same injury would probably have happened anyway?