Leigh Day is being sued for professional negligence by a woman who alleges she received inadequate healthcare overseas.
Dorne Mitchell instructed the firm to pursue an action against providers of medical treatment she received in the United Arab Emirates. She was treated in in the UAE in two private hospitals through her husband’s private medical cover, the High Court heard.
The claimant said she had a good claim for pain and suffering, because she endured a longer pregnancy than was necessary. But she alleges that through professional negligence and breach of contract by Leigh Day, she lost her chance to claim. She is seeking damages, including £13.6m for future care.
One alleged breach of contract is that the firm failed to serve a claim form on time by 10 December 2016, Jamie Carpenter KC said on behalf of Mitchell.
Leigh Day, which denies all the allegations, has argued in any case that the issue of which law applies – English or UAE law – should be determined in advance of any trial. The firm said it was made clear to the claimant that if English law was not the applicable law, the claim would not succeed. Marie Louise Kinsler KC, for Leigh Day, said: ‘The claimant concedes that unless English law is the applicable law, there was no claim.’
Carpenter argued it was not possible for determine which law was applicable in advance and that was a decision which should be left to the trial judge.
But Master Stevens, at a case management conference, ruled that the applicable law would not be determined as a preliminary issue. ‘The defendant highlighted the sensitivity for all, the desire to get matters disposed of as speedily as possible’, Master Stevens said. ‘This is a high-value claim and there is a lot of complexity because there are criticisms made of people and what they may or may not have done. Time is marching on.’
The judge ruled the best approach would be to have the issues heard before one judge so the most contentious evidence could be dealt with together.
