Manning v King's College Hospital NHS Trust, Court of Appeal - Administrative Court, January 22, 2009, [2009] EWHC 75 (Admin)

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Manning v King's College Hospital NHS Trust, Court of Appeal - Administrative Court, January 22, 2009, [2009] EWHC 75 (Admin)

Neutral Citation Number: [2009] EWHC 75 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 22/01/2009

Before :

THE HONOURABLE MR JUSTICE STADLEN

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Between:

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MR GRACE QC (instructed by Leigh Day and Company) for the CLAIMANT

MS MISHCON (instructed by Barlow, Lloyd and Gilbert) for the DEFENDANT

Hearing date: 5 December 2008

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JudgmentThe Honourable Mr Justice Stadlen:

1. This is a limited application for permission to appeal. On 5 December 2008 I handed down my judgment assessing the damages to which I had held in my judgment on liability, handed down on 29 September 2008, the claimant was entitled.

2. On 29 September 2008, after I had handed down judgment on liability, I gave the defendant permission to appeal against my decision and judgment on liability. I did so on an application which was confined to seeking permission to appeal against my judgment, decision and finding on liability. No permission was sought and none was granted at that hearing to appeal against my decision on damages or any part thereof. Given that I had not, by then, yet handed down my judgment on damages, this might be thought to be unsurprising. I mention it only because an issue arose in the context of the current application for permission to appeal against part of my decision on damages as to whether such permission was necessary.

3. In total I held that the claimant was entitled to £475,191.00, apportioned as to £112,908.00 in respect of the claim under the Law Reform (Miscellaneous) Provisions Act 1934 and £362,283.00 in respect of the Fatal Accidents Act 1976 claim. Each of those awards was made up of a series of specific awards under a series of detailed heads of claim. The defendant does not seek permission to appeal against any part of my Order or judgment for damages under the Law Reform (Miscellaneous Provisions) Act 1934, nor in respect of the whole of the decision and Order under the Fatal Accidents Act 1976. Limited permission to appeal is sought in respect of two discrete parts of my judgment under the Fatal Accidents Act: (1) the award of damages for loss of ...

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