‘You are entitled to the private costs. The law is set in statute’

that you ask your solicitor to write to the orthopaedic surgeon instructed in your case, setting out what the defendant is arguing and asking for an opinion. The surgeon will likely confirm that the current medical opinion is that surgery is required with revisions required at intervals. Regarding the NHS point, you are entitled to the private costs and this is law set in statute. Defendants often argue this point without success.