Source: All England Reporter
Publisher Citation: [2015] All ER (D) 172 (May)
Neutral Citation: [2015] EWHC 1394 (QB)
Court: Queen's Bench Division

Mr Justice Nicol

Representation Philip Havers QC and Hannah Noyce (instructed by Capsticks) for the defendants.
  Elizabeth Anne Gumbel QC and Henry Witcomb (instructed by Field Fisher) for the claimant.
Judgment Dates: 19 May 2015


Negligence - Cause of action - Duty of care - Assumption of responsibility - Claimant bringing claim on basis that failure to inform of father's condition ( Huntington's disease) being actionable negligence by defendants - Defendants seeking to strike out claim - Whether claim to be struck out as disclosing no arguable duty of care.

The Case

Negligence Cause of action. The claimant brought a claim on the basis that the failure to tell her of her father's condition, Huntington's disease, was actionable negligence on the part of the defendant health care professionals. The defendants applied for the claim to be struck out. The Queen's Bench Division struck out the claim as disclosing no arguable duty of care. There was no basis for imposing liability for an omission as no special relationship existed between the claimant and the defendants.

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