Dominic Regan visits the case of the winner who lost to the loser who won
Typically, in a given dispute there will ultimately be a winner and a loser. Sadly, the Court of Appeal has just demonstrated that it cannot tell which is which, in the case of Medway Primary Care Trust v Marcus [2011] EWCA Civ 750, [2011] All ER (D) 219 (Jun). Not only does the decision show how intractable costs issues have become, it also gives one an inkling of how horrific things will become for claimants if legal aid were removed from clinical negligence claims, a measure which Lord Justice Jackson does not support.
Inevitable amputation?
Mr Marcus, aged 31, had to have his leg amputated. He blamed two doctors whom he had previously consulted. By the time he was admitted to hospital the position was irretrievable and the leg was lost. Quantum was agreed at £525,000 but liability was not. As so often is alleged in these matters, the defendants contended that, whatever their failings, if any,
