Page 43 - Bundle for MF Final

Bates no 042

ClaimNo. HO17P01083
IN THE WGH COURT OF JUSTICE
QUEEN'S E NCH DMSION
B

BETWEEN:
SIGVE SOLHEIM ("CL")
Claimant
And

EMMA CURR ("DEF")
Defendant

WITHOUT PREJUDICE POSITION STATEMENT
ONBEHALF OF THEDEFENDANT
FOR THE PURPOSE OF THE JOINT SETTLEMENT MEETING ON 9/3/18

Introduction
1. This Position Statement is not intended to provide a line-by-line response to the
Updated Schedule of Damages ("USD'') akin to a formal counter schedule. Rather it
seeks to identify the primary causation and quantum issues that will materially
�uence the forthcoming JSM negotiations. Failure to respond to every point raised in
the USD ought not to be misten for acceptance. Moreover, the nature ofDEF's
challenges lend themselves more to a global evaluation than line-by-line calculation.

2. In agreeg to a JSM at this stage of the proceedings, DEF does so without yet being in
a position to disclose its medical and other expert evidence. Whilst DEF has had sight
of some draft reports, the final versions will be influenced by evidence not yet obtained,
such as the psychiatric evidence of Dr. Master who is not due to see CL until May
2018. DEF needs to ensue that experts have the full medical picture before completing
their evidence, having due regard for input from other area of expertise. For the
purposes of the JSM, and to give CL insight into the evidence he is likely to face and
the reasons for DEF's stance, DEF therefore make reference as appropriate to excerpts
from draft reports which are expected to remain valid in the anticipated final versions.
CL cannot expect to quantify his loss for settlement purposes only on the basis of his
own orts, and this 1s not the basis upon which DEF has agreed to enter face-to-face
negotiations at this stage. D oes, and CL should, have due regard for DE s like y
evidence when assessing the litigation risk of various causaton and quantum issues.
To assist further, this document will also make reference to source documents where
possible, to which CL already has access.

1/tJI!