Cauda Equina Syndrome – Case Study

Case Description:
The claimant had suffered significant injury following a failure to diagnose and treat Cauda Equina Syndrome. The case was insured with us early in 2017, having originally had the benefit of limited legal aid funding. The law firm acting for the claimant had a disbursement funding facility with Temple Funding, Temple Legal Protection’s subsidiary funding company.

From late 2017 to date to late August 2019 a total of nearly £90,000 in disbursement funding loans has been provided at a compound interest rate of 10%. There have been seven drawdowns for multiple accounts to pay several medical experts for their fees for reports and attending conferences.

A lengthy trial will begin this autumn. If the matter is successful then, at that point, the interest on the loans is likely to be in the region of £7,500. There are very few individuals who could afford to fund such significant sums from their own resources.

The Temple Legal Protection Perspective
It is our experience that disbursement levels of this kind are not that uncommon in complex clinical negligence litigation. Our ATE insurance policy covers all the disbursements and interest charges in the event the claim should fail.

If successful, it’s likely the full amount of disbursements will be recovered from the losing party and the insured would pay the interest out of the recovered damages. It should be noted that currently there is a distinct possibility the interest charges could be recovered from the losing party also.