Oksuzoglu v Kay, Oldershaw

[1998] Lloyd's Rep Med 129

COURT OF APPEAL

Lord Justice HIRST,, Lord Justice MILLETT, and Lord Justice BROOKE

Procedure — Pleadings — Medical negligence action — Failure to submit up to date medical report with statement of claim — Need to obtain consent of defendant or order of court — Particulars of claim — Causation — Necessity to provide particulars of claim where plaintiff had case in negligence but major part of loss not caused by that negligence — Consent order for trial of preliminary issues — Comments by court — Costs — Discetion — Winning party — Plaintiff's potential claim of £300,000 reduced to £3,000 following late amendment — Plaintiff awarded full costs of action — Who was essentially winning party — defendants' appeal — Damages — Pain and suffering — Cancer in child -