Patterson v Ministry of Defence [2012] EWHC 2767 (QB)

Posted on Friday, October 12th, 2012

This was a case where the Claimant suffered a non-freezing cold injury and the issue was whether the non-freezing cold injury was a ‘disease’ within the meaning of Section V of CPR 45 and whether the recoverable success fee was 62.5% or 25%.

The Claimant contended that non-freezing cold injury was a ‘disease’, therefore Section V of CPR 45 should apply, which meant a success fee of 62.5%.

However, it was held that non-freezing cold injury not a disease within the meaning of CPR 45 and the recoverable success fee was 25%.

http://www.bailii.org/ew/cases/EWHC/QB/2012/2767.html

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