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First “no win, no fee” case to go to Lords

BMJ 1995; 310 doi: (Published 27 May 1995) Cite this as: BMJ 1995;310:1351

A case that could set an important precedent in English medical law may become the first “no win, no fee” case to go to the House of Lords. The mother of Patrick Bolitho, a boy admitted to hospital with breathing difficulties who had a cardiac arrest and sustained severe brain damage, wants to take the case to the Lords after losing by a two to one majority in the Court of Appeal in 1993.

Patrick Bolitho has since died, but the family wants to carry on his compensation battle. His mother, Valerie Holt, is too well off for legal aid but cannot afford to fund the appeal herself. Her solicitor, David Body, a medical negligence specialist at Irwin Mitchell in Sheffield, has agreed to take the case on a no win, no fee basis. Rules to allow such cases in England and Wales are …

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