Stuart McKechnie QC settles case involving judge who suffered catastrophic aneurysm bleed

6 Nov, 2018

Following a successful High Court trial on liability in 2015 and the Defendant's unsuccessful appeal to the Court of Appeal in January 2017, Stuart McKechnie QC has now settled quantum in the case of EXP v Barker.

In 2011 the Claimant (EXP) had suffered a catastrophic aneurysm bleed requiring lifesaving surgery and resulting in devastating neurological and neuropsychiatric injuries. The aneurysm was visible on a MRI brain scan taken in 1999 but was not identified by the Defendant neuro-radiologist.

The Claimant attempted to make a return to judicial work following the rupture of the aneurysm but had subsequently been medically retired. The claim on quantum involved extensive expert evidence (with the Claimant instructing 14 expert witnesses) and included claims for loss of earnings (including loss of chance of judicial advancement), loss of judicial pension (incorporating the old and new judicial pension schemes), care, case management, medical expenses and accommodation.

A JSM on 14th September 2018 was unsuccessful, prompting both parties to make written Part 36 offers in advance of a 10 day quantum trial commencing 14th November 2018. After its Part 36 offer was not accepted, the Defendant made a substantially increased time-limited offer in a final attempt to compromise the claim. This offer was accepted on Stuart’s advice, bringing to an end over 5 ½ years of litigation. Stuart was instructed by Lucy Wilton (Partner) at Russell Cooke and was led by Grahame Aldous QC in the earlier stages of the case dealing with liability only. The case has become a leading authority on expert evidence and conflict of interest.


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