By Shelley Carrick-Forrester, Trainee Underwriter
*Case ongoing at time of writing (May 2025)
What has happened so far?
This case concerns a clinical negligence claim arising from a birth injury where liability has been largely admitted. Temple has provided ATE insurance to assist the claimant’s solicitors in pursuing appropriate damages following the partial settlement on liability.
Master X suffered a brachial plexus injury during his delivery at the Defendant NHS Trust’s hospital. Initially, liability was denied, and court proceedings were issued. Following the issue of proceedings, negotiations regarding liability took place between the parties.
Liability was ultimately agreed on a 95% basis, with judgment entered in favour of Master X to reflect this agreement. The proceedings have been stayed to focus on quantifying the claim.
The case was initially funded under a Legal Aid certificate. However, due to the limitations on hourly rates recoverable under Legal Aid, the claimant’s solicitors sought to switch funding to a Conditional Fee Agreement (CFA) supported by After the Event (ATE) insurance.
Temple was approached and agreed to provide ATE insurance to protect the Claimant against the risk of adverse costs should settlement negotiations prove unsuccessful.
Matter value: £750,000
Case status: ATE insurance policy issued; case ongoing
Team member involved: David Stoker, Senior Underwriter
Shelley Carrick-Forrester
Trainee Underwriter
Shelley Carrick-Forrester
Shelley joined Temple in 2022 just after finishing her Graduate Diploma in Law, which converted her teaching qualification into a law degree.
Initially joining Temple as an Underwriting Support Assistant, Shelley has now progressed to Trainee Underwriter.
Having worked as a medical secretary, before deciding to study law, Shelley has a sound background for working in the area of clinical negligence and personal injury.
She is focused on delivering great customer service with good communication and attention to detail.
Read articles by Shelley Carrick-Forrester
