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COVID-19 not be used as an excuse for late applications

Farrah Mauladad instructed by Jennifer Harris of Capsticks appeared for the successful First Defendant in Ludlow v (1) Buckinghamshire Healthcare NHS Trust (2) BMI Healthcare Ltd (6 May, 2020). The unopposed application to adjourn and relist a clinical negligence trial was granted by Jay J in light of Covid-19. However, the claimant was not permitted to use that intervening period to her advantage to instruct a new care expert late in the day where she had the benefit of an earlier expert report, even though that expert had died. The amendments that the claimant sought to make to her case were also refused, as they were very late and she could have made them much earlier.

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