Web links: Chapter 08

A lot of material online raises issues relating to breach – after all, in any successful claim for negligence the defendant will have breached their duty of care. Many of the cases discussed in this chapter have made the news. In fact, this may well be contributing to the perception of a ‘compensation culture’ (see web links for chapter 1). 

Montgomery v Lanarkshire NHS Trust [2015]

Auslan Cramb, ‘Mother whose son suffered brain damage wins £5.25m in landmark court battle’, Telegraph, 11 March 2015

Cornish Glennroy Blair-Ford v CRS Adventures Ltd [2012]

Press Association ‘Paralysed teacher loses £5m “welly-wanging” damages claim’

Guardian 13 August 2012

Keith Gladdis, ‘Teacher loses £5million claim for compensation after he is paralysed in 'freak' welly-wanging accident on school trip’, The Daily Mail, 13 August 2013

Wilkin-Shaw v Fuller & Kingsley School Bideford Enterprises Ltd [2012]

BBC News Online ‘Charlotte Shaw mother loses death claim’, 28 June 2012:

Chris Parsons, ‘Scoutmaster who told bedraggled children to cross swollen brook on gruelling outdoor expedition is blamed for death of girl, 14, who was swept away and drowned’ The Daily Mail, 29 June 2012:

In April 2013, Charlotte Shaw’s mother also lost her appeal – reported on the BBC News website here:

Uren v Corporate Leisure (UK) Ltd [2011]

BBC News Online ‘Former RAF man wins right to sue MoD over game injury’ 2 February 2011

Scout Association v Barnes [2010]

A newspaper report on the Court of Appeal decision

Harris v Perry [2008]

Bouncy castle supervision 'vital' 8 May 2008 – on the HC decision in Harris v Perry.

Bouncy castle ruling overturned 31 July 2008 – on the Court of Appeal decision in Harris v Perry

Alexandra Topping ‘Parents win appeal over head injury on bouncy castle’ The Guardian

Harris v Perry

‘Accident do happen’ Nicholas Dobson wonders how far prospective defendants need to go in taking steps to avoid mishap in the New Law Journal in September 2008

On the Social Action, Responsibility and Heroism Act 2015 (SARAH)

You can follow the full legislative process from Bill to Act here:

For a strong critique of the Act see Sadiq Khan,
Parliament has more important priorities than this spiffwaddle’, LabourList, 20 October 2014


And compare Chris Grayling’s defence:  ‘Our Bill to curb the Elf and Safety Culture’ Conservative Home, 2 June 2014

Medical negligence

The UK Human Rights Blog is not only for the reading eye. Here's an audio version of David Hart's post on the recent case of FB v. Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334, 12 May 2017 involving a junior doctor, a sick baby and the question of what we expect of senior house officers on busy Accident and Emergency admissions: https://ukhumanrightsblog.com/2017/05/28/more-on-junior-doctors-liability-audio/

There are many news stories about claims for medical negligence. Many include short videos explaining what’s happened in a particular case and links to the HM Courts Service so that you can then read the judgment of a particular case in full. Here’s a few from the BBC News website to get you started:

Six-figure settlement for failure to advise top athlete of spinal surgery risks:

Medical legal costs 'excessive and should be capped', 28 June 2015

Parents win damages after son left brain damaged, 14 June 2013

NHS pays out £41million compensation to patients including for false teeth falling in the loo, 19 May 2013

Hospitals reveal 750 'should never happen' blunders, 9 May 2013

£7.3m pay-out for brain-damaged boy from Hertfordshire, 20 March 2013

NHS pays out £1million in compensation to men who have had the wrong TESTICLE removed, 17 February 2013

Girl wins right to big NHS pay-out, 13 October 2008

Discharged baby may 'have lived' 12 November 2008

Girl, 9, wins £3.3m medical claim, 17 October 2008

See also

‘NHS has paid out £108m in compensation for fatality claims over past two years’, Daily Mirror, 29 Mirror 2015

Medical negligence is big business – have a look at some of the website advertising their services for people who’ve been injured to see what their offering

Injury Lawyers 4U

The Co-operative Legal Services:

Irwin Mitchell:

And for a different perspective …

The NHS Litigation Authority is a not-for-profit part of the NHS which manages negligence and other claims against the NHS in England.

Read more here: http://www.nhsla.com/Claims/Pages/Home.aspx and for information on the actual number and value of claims against the NHS see here: http://www.nhsla.com/CurrentActivity/Pages/FOIFactSheets.aspx

Cases and legislation

Nettleship v Weston [1971]

Bolitho v. City and Hackney Health Authority [1997]

Harris v Perry [1998]

Robinson v Post Office [2000] – for opening chapter problem question

Compensation Act 2006

Social Action, Responsibility and Heroism Act 2015


Scout Association v Barnes [2010]

Montgomery v Lanarkshire NHS Trust [2015]

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