The case of Aderounmu involved a preliminary issue on limitation for a claimant who was alleged to lack the mental capacity to manage the litigation. The Court had to decide whether he was under a disability, if not when his date of knowledge arose, and if it was more than 3 years before the proceedings […]
In Wilkins v University Hospital North Midlands NHS Trust, the High Court was called upon to determine the date of knowledge for limitation purposes and whether the court should exercise its discretion to extend time in a claim arising out of treatment in 2009 and 2010, but only issued in 2019. The Facts In early […]
In Sheard v Tri Do the court made findings of fact in relation to conflicting witness evidence in a clinical negligence claim. The case emphasises that the correct approach to personal recollections of witnesses in fact-finding exercises is that set out in Gestmin SGPS SA v Credit Suisse (UK) Ltd . Introduction The trial in relation […]
The case of Hughes found the Defendant to be vicariously liable for the acts and omissions of self-employed associate dentists, finding the Defendant did owe the Claimant a non-delegable duty of care in respect of the dental treatment. Introduction The Claimant brought a dental negligence claim against Defendant, the former owner of a dental practice […]
The case of Mukhtar Malik which hinges on a question of fact considers the issues of informed consent and a negligent failure to offer alternative treatments. The Facts In 2012, the Claimant attended his GP complaining of back pain and weakness in his legs. Matters deteriorated over the following two years, and, in July 2014 MRI scans […]
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