Last week, the High Court approved settlement in IAB v East Kent University Hospitals NHS Trust, a highly complex clinical negligence action where the Claimant, a profoundly disabled child, was resident in New Zealand. The case raised a number of unusual issues including: whether any or all of the damages would be taxable under NZ law, the appropriate discount rate to be applied in NZ, the currency in which damages should be paid as well as the correct, local, indices to be applied to each of the categories of periodical payment. Settlement was achieved shortly before trial at the conclusion of a 15 hour round table meeting.
John was instructed by Vanessa Splaine and Andrea Crisp at Clyde & Co
