DAY-IN-A-LIFE FILMS QUOTES | Golby Legal Films

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E (A CHILD) V KINGS COLLEGE HOSPITAL NHS FOUNDATION TRUST [2015] WEHC 97 (QB): LAING J

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2.“I watched the “Day in the life of” DVD. It is very moving. [E] is a beautiful, engaging child. Her eyes shine. She is determined, and concentrates hard on any given activity. She clearly enjoys the company of her family, and there seems to be a touching bond between her and her younger sister. She is generous both in giving, and receiving, affection. She loves hugs and cuddles. She has an evidently strong need for human contact. It is clear that she very much wants to be able to speak to other people. The physical difficulties she faces in articulating what she wants to say are formidable. Nonetheless, as was clear, for example, from the session with the speech and language therapist, and from the scenes with her family, and at school, she is determined to try and try. She wanted to explain her feelings about thunder, and it seemed clear to me that she did not enjoy it because it is loud. In their witness statement, her parents say that she has a big vocabulary, and they can understand much of what she says, but that there is a significant gap between what she can understand and what she can say, which is as much a source of frustration for them as for her. Regular speech and language therapy have helped a good deal.”
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A (A CHILD) V UNIVERSITY HOSPITALS OF MORECOMBE BAY NHS FOUNDATION TRUST [2015] EWHC 97 (QB) WARBY J:

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86. The video recordings certainly provide support for the view that upon immersion in the pool at K, A is calm and serene. She clearly smiles, with apparent pleasure, during her lengthy immersion as shown in the “Day in the Life” film. She does not seize up, or cry, or show any sign of distress. She appears to be calm, also, as she is removed from the pool by hoist.

87. One striking feature of the way the medical and other expert evidence in this case has developed from its origins in 2013 through to the trial in February 2015 is the impact on all the experts of viewing the video recordings. I have traced through the experts’ evidence chronologically so as to highlight this. All have moved after viewing the “Day in the Life” video towards acceptance of the view that hydrotherapy has the benefit of pain relief. My own viewing of the video evidence had a similar impact on me. Having started from a position which I will admit was one of some scepticism I found that the video demonstrated first of all evidence of painful spams which supported that of C but also, and still more strikingly, clear evidence of a quite dramatic change in A’s behaviour on immersion. The words “remarkable”, used by Dr Johnson and “transformation”, by Prof Levene, are in my judgment entirely apt descriptions of the evident effect. Nobody has cast any doubt on the validity of that video evidence, which seems to me highly important to this aspect of the case.”
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ROBIN DE WILDE QC INTRODUCTION TO THE 20TH EDITION (2015/16) OF FACTS AND FIGURES:

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“Such cases require meticulous preparation by everyone, from instructing solicitors, junior counsel…through to the experts…As an example, Warby J was clearly influenced by not only the witness statements, but the “day in a life” video, in addition to the other factual evidence. So was Foskett J in his case, as appears from his judgment.”
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