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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Review: A year in the life

Mark Fowles looks back at the year’s important personal injury cases ‘English law has always been nervous about dealing with issues of causation The modern test is a test of policy. The first test is predominantly factual. The second gathers up much of the traditional language that lawyers use in attempting to set a limit …
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Evaluating Claims: Successive causes of injury: the causation conundrum

Julian Matthews assesses the difficult legal issues that arise when multiple causes give rise to a compound injury ‘In clinical negligence cases, the complexity of the factual matrix means that the fine line between recovery and no recovery is regularly tested.’ Most clinical negligence litigation arises out of adverse outcomes secondary to medical intervention required …
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