The Background
R v Barts Health NHS Trust (2022)
At a judicial review hearing in 2019 Mr Justice MacDonald held that the continuation of life-sustaining medical treatment was in the best interests of Tafida Raqeeb, a 5 year old girl who had been left with extensive and irreversible damage to her brain as a result of a non-traumatic brain injury.
The trust was ordered to pay 80% of the claimant’s costs, and there was a detailed assessment of the claimant’s bill of costs.
The Issues
There was disagreement on the applicable hourly rate. The defendant argued:
The claimant argued that ‘the level of skill, effort and specialised knowledge of the claimant’s solicitors was necessary to be able to pursue such a case. It was literally a life-or-death decision that was involved in the proceedings.’
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