Birth injury claim: Master X v NHS Trust

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