Court of Appeal ruling in Reaney

Angus Moon QC and Caroline Hallissey were instructed in the Court of Appeal on behalf of the Claimant in the important decision in Reaney v University Hospital of North Staffordshire NHS Trust. Judgment was given on 2nd November 2015.

The Claimant suffers from very serious disabilities as a result of negligently caused pressure sores. The case deals with the circumstances in which a Claimant may recover for the costs of care when there was a need for care prior to the Defendants’ clinical negligence. Although the Defendants’ appeal from Mr Justice Foskett was successful, the Claimant now has the opportunity to seek to argue before Mr Justice Foskett that as her care needs following the Defendants’ negligence are qualitatively different from those which pre-existed the negligence, the Claimant is entitled to recover her care costs.