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We now have an important appeal judgment which has been handed down in Price v Cwm Taf University Health Board  EWHC 938 (QB) (available here) touching on a range of issues relevant to clinical negligence and civil procedure. Birss J dismissed the appeal by the Claimant (“C”) against the judgment of HHJ Petts itself dismissing C’s claim for a large seven-figure sum in damages arising out of arthroscopic treatment and a subsequent partial-knee replacement from which there had been a poor but (as it was upheld on appeal) non-negligent outcome. It also provides useful guidance for those considering appeals on findings of fact. Charles Bagot QC acted for NHS Wales.
The case is considered in more detail in an article available here.