Hussain, R (on the application of) v King Edward VII Hospital [2013] EWCA Civ 1863 (12 December 2013)

Hussain, R (on the application of) v King Edward VII Hospital [2013] EWCA Civ 1863 (12 December 2013)

The proposed new evidence failed the first and third Ladd v Marshall criteria: it could have been obtained with reasonable diligence before trial, and it was not apparently credible. Therefore, the application to adduce fresh evidence was refused and the appeal was dismissed.

Citation
[2013] EWCA Civ 1863
Parties
Claimant/appellant: Hani Hussain; Defendant/respondent: King Edward VII Hospital
Jurisdiction
England and Wales
Judgment Date
12 December 2013
Procedural Posture
Judicial Review/clinical Negligence Appeal / Appeal From High Court Judgment, Application to Adduce Fresh Evidence
Outcome
Appeal dismissed
Legal Topics
Admissibility of Fresh Evidence, Res Ipsa Loquitur, Burden of Proof, Appeal Procedure
Medical Negligence Civil Procedure Admissibility of Fresh Evidence Res Ipsa Loquitur Burden of Proof Appeal Procedure

Case Brief

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Parties

Hani Hussain

Claimant/appellant

King Edward VII Hospital

Defendant/respondent

Procedural Posture

Judicial Review/clinical Negligence Appeal / Appeal From High Court Judgment, Application to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal under Ladd v Marshall criteria
  2. 2 Whether the claimant established a prima facie case of negligence against the hospital
  3. 3 Whether the absence or presence of bruising was determinative of negligent handling

Ratio Decidendi

The proposed new evidence failed the first and third Ladd v Marshall criteria: it could have been obtained with reasonable diligence before trial, and it was not apparently credible. Therefore, the application to adduce fresh evidence was refused and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Application to adduce fresh evidence refused
  • No new trial ordered