Here is a vivid warning from Mrs Justice Yip about the need for analysing carefully all the allegations in a clinical negligence claim – and it applies to all personal injury claims.

“The overwhelming impression I had was that proper consideration had not been given on the Claimant’s side as to how the consent allegations could be maintained on the evidence (taken at its highest) within the correct legal framework. This part of the case was not just weak; it was not properly arguable….. Looked at overall, it is clear that the Claimant was the undisputed “winner” in this litigation. However, in assessing “who has been responsible for the fact that costs have been incurred which should not have been”, the costs associated with the consent issue call for particular consideration.”.

Although that might look like a good win for the Defendant, the judge made it quite clear that the NHS Resolution Service could and should have made an offer to settle which protected it from a costs order; it did offer, but too low.

So this is yet another case, which never gets into the papers, where the NHS pays out unnecessary costs, thus no doubt reducing the money available for healthcare.