Case Report: BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188

Apportionment of liability; psychiatric injury; pre-existing illness ‘The tone of Underhill LJ’s judgment is that it will be difficult to convince a court that apportionment is not going to be possible.’ This case revisits the vexed question of divisibility of psychiatric (and other) injury. It is an employment case of wide importance and application. The …
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Case Report: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151

Duty of care; A&E; head injury; waiting times ‘It was not fair, just and reasonable to impose a duty of care on the receptionist to give a patient accurate information about waiting times or not to provide inaccurate information on waiting times.’In Darnley v Croydon Health Services NHS Trust [2017] the court looked at what, …
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Liability: A catalogue of errors

In part two of his article, Robert Weir QC continues his compilation of the most significant cases involving liability decisions from the last year ‘The judge properly recognised that the burden of proof lay with the claimant and did not draw inference of negligence from the fact that the extrusion had been retained.’   Part …
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Case Report: Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB)

Duty of care; providing accurate waiting times ‘The failure of the claim on the basis of a lack of proximity is an interesting element, particularly given the reliance on the case of Rahman against a background of finding that there was foreseeability.’ Mr Darnley was attacked by persons unknown and struck on the head. He …
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