A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
The claim has been settled out of court, without any admission of liability, after ACS sued the hospital trust on behalf of a client referred to as Mrs C.
Northampton General Hospital NHS Trust had denied the management of the pregnancy was negligent and also denied responsibility for the ongoing outcome of the injury suffered.
ACS senior associate Sarah Huntbach, a personal injury and clinical negligence expert, said it was an unfortunate case where an injury had happened during the birth of Mrs C’s second child which led to further consequences.
ACS had maintained, on behalf of Mrs C, that an injury which could have been prevented during the birth had led not only to a physical injury, but also psychiatric problems of moderately severe depression, affecting Mrs C’s confidence and her relationships and having a knock on effect on her daily living activities.
The injury had meant she was unable to continue her previous job and had to be deployed into an administrative role at the school where she worked.
Ms Huntbach said: “Her marriage also broke down, which was considered to be in part due to the consequence of the injury she suffered.”
The settlement of £80,000 was considered by ACS to include general damages in the region of £60,000, with special damages consisting of gratuitous care, loss of a holiday, past medical prescriptions and ongoing medical treatment required, with a small award in consideration of potential employment issues in the future.
Following the agreement of the settlement, Mrs C said: “I can’t thank you enough for all you have done for me.”
Sarah Huntbach added: “Access to medical expertise, and modern medical advances, means that the majority of us receive excellent standards of care. However, things can, and unfortunately do, occasionally go wrong.
“Our Clinical Negligence team is here to help in these difficult times.”
Anthony Collins Solicitors has a national reputation for its work in the fields of personal injury and clinical negligence, having won numerous accolades.
The industry “bibles” The Legal 500 and Chambers UK Guide both recommend Anthony Collins Solicitors as one of the leading law firms in clinical negligence in the West Midlands.
The Legal 500 notes: “The team’s expertise includes dealing with inquests and peripheral community care claims, mental capacity issues and Court of Protection work. The team is ‘acutely sensitive’ of clients’ needs.”
For more information
If you have suffered this type of injury, or are concerned about any adverse outcome following surgery, please contact Sarah Huntbach (Senior Associate in our Clinical Negligence Team) on 0121 212 7476 or email@example.com.
This ebriefing considers the Government’s proposals for challenges, as set out in Chapter 7 of the Green Paper entitled 'Fast and fair challenges'.
We’re delighted to announce that we have been ranked in the top five national legal advisers in the Top 3000 Charities 2021 directory.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.