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Key takeaways from the Home Secretary’s Statement on Asylum Reforms: 30-months permission to stay for new claims and transitional arrangements for pending cases
Oliver Oldman
Whether the claimant or defendant, successful parties to civil litigation can be disappointed to hear that they are highly unlikely to recover all of their legal spend. The losing party is only required to pay what is considered reasonable and proportionate. A key feature in what is recovered is the reasonableness of the hourly rates charged by the successful litigant’s solicitors.
Much has been said about the 2020 Court of Appeal judgment in Swift dealing with the disputed method by which claims for the cost of special accommodation following severe injuries are calculated, and rightly so; it was a privilege for one of the authors of this article to work on a case of such wide application and with such benefit for so many Claimants.
The recent decision in the case of Malik -v- St George’s University Hospital NHS Foundation Trust provides a further example of this approach. Mr Malik required emergency spinal surgery in the form of a laminectomy and discectomy at T10/11. No criticism was made of the performance of the surgery. Post-operatively Mr Malik experienced ongoing numbness and weakness in his left leg. His surgeon recommended further revision decompression surgery which unfortunately left Mr Malik with an incomplete paraparesis. He was classified as a T7 ASIA D paraplegic.
Oliver Oldman
Jessica Etherington
Tajmina Begum
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