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Claimant found guilty of criminal act cannot claim damages against negligent NHS trust
The Supreme Court has now handed down its judgment in the long and sad case of Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. The judgment puts to rest the issue of whether a claimant who has been found guilty of a criminal act can recover damages from the party whose original negligence gave rise to the situation where the claimant was able to commit the criminal act.
Accommodation claims – where do we stand after Swift v Carpenter?
On 9 October 2020 the Court of Appeal handed down Judgment in Swift v Carpenter [2020] EWCA Civ 1295. This article sets out the decision in Swift and considers where we are now.
Claimant’s disabilities not caused by fault in antenatal care (AB v East Lancashire Hospitals NHS Trust)
The court decided that a belief, however strong, of an association or possible causal link not scientifically demonstrated is not proof of causation. Likewise, a widely held hypothesis or presumption is not proof on balance of probabilities of cause or, in legal context, of causation.