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Does this not show the artificiality of the Part 36 regime?
This was an all or nothing case. There was either clinical negligence, or there was not, and there was never any prospect of a judge awarding any level of contributory negligence, or having found against the defendant, reducing the amount of compensation for any reason whatsoever.
Given the judges closing words:
"I suspect that whatever rate of interest I award, it is unlikely to make a material difference to the amount payable. In my view, an award of 5% above base rate from 28 October 2017 will do justice to the applicable considerations." it all seems rather detached from reality.
I do not know what the claim is worth, but the Claimant has had to weigh the competing risks of failure, giving up 10% of the claim, and obtaining enhanced interest/costs.
Particularly given that this is a child claimant, the whole process seems absurd.

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