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Whilst being crucial for clinical negligence practitioners, the High Court decision in EAXB v University Hospitals of Leicester NHS Trust: 4-8 November 2019 and 6th January 2020 serves as another reminder in respect of conduct and the importance of actively engaging in ADR.
In this case, the Claimant secured costs on the indemnity basis because:
Point 1 was the most important in securing costs on the indemnity basis and acts as a reminder that parties must actively engage at a JSM and to make concessions/offers – as Kings Chambers comment, JSMs that do not see concessions/offers “are a waste of time, trouble and money”.
Thanks to Kings Chambers for sharing their report of the case: EAXB v University Hospitals of Leicester NHS Trust
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