Q&As

In a high-value claim, are costs incurred by the case manager (eg travel expenses and time spent taking the claimant to several medical appointments) recoverable from the defendant? The claimant would have been unable to attend the appointments without the case manager and it would have been far more expensive for the doctors to travel to the claimant.

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Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on LexisPSL on 23/09/2019

The following PI & Clinical Negligence Q&A produced in partnership with Jamie Gamble of No5 Barristers Chambers provides comprehensive and up to date legal information covering:

  • In a high-value claim, are costs incurred by the case manager (eg travel expenses and time spent taking the claimant to several medical appointments) recoverable from the defendant? The claimant would have been unable to attend the appointments without the case manager and it would have been far more expensive for the doctors to travel to the claimant.

Generally, case management costs are recoverable in high value claims if they have been reasonably incurred, see Practice Note Catastrophic injury claims—conduct of the claim.

It is imperative to keep an eye on case management costs, however, as where they are high and exceed previous estimates the defendant may seek to argue that they should not pay for the excess in line with the claimant’s duty to mitigate their loss (see, for example, O’Brien v Harris [2001] (not reported by LexisNexis®). See also Practice Note: Mitigation in personal injury claims.

In terms of a case manager atte

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