Negotiating skills and an ability to compromise are, for personal injury lawyers, just as important as an in-depth knowledge of the law. On the day that Russia invaded Ukraine, a leading barrister commented that ‘jaw jaw is better than war war’ when announcing a multi-million-pound settlement of a clinical negligence claim.
The case concerned a 10-year-old boy who has suffered from severe cerebral palsy since his birth. His profound lifelong disabilities include quadriplegia and cortical visual impairment. He has severe learning and cognitive deficits, can only cope with liquidised food and is wheelchair dependent.
A claim was brought against the NHS trust that managed the hospital where he was born. The trust denied that his injuries were caused by negligence but, following negotiations, it agreed to pay 70 per cent of the full value of his damages claim. After final settlement terms were reached, the boy’s QC referenced the Ukraine invasion in observing that, in clinical negligence cases just as in international relations, compromise is better than conflict.
Under the terms of the settlement, the boy will receive a £5 million lump sum, plus annual index-linked payments to cover the costs of his care for life. Those payments will start at £109,500 a year, rising to £202,300 a year when he reaches adulthood. In approving the settlement, the High Court praised the remarkable dedication and perseverance of the boy’s parents in caring for him 24 hours a day. Both sides had achieved a sensible compromise in his best interests.