Alun Jenkinson v Hertfordshire County Council

Alun Jenkinson v Hertfordshire County Council

The so-called 'Specific Rule' that only grossly negligent medical treatment can break the chain of causation does not exist as a principle of law. The proper approach is to consider, on the facts, whether the defendant ought fairly to be held liable for the loss. The defendant's proposed causation defence, based on the alleged negligent surgical treatment, has a real prospect of success and permission to amend should be granted.

Parties
Claimant (respondent): Alun Jenkinson; Defendant (appellant): Hertfordshire County Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Appeal From Refusal to Amend Defence
Outcome
Appeal allowed
Legal Topics
Causation, Novus Actus Interveniens, Amendment of Pleadings, Medical Negligence
Tort Law Civil Procedure Causation Novus Actus Interveniens Amendment of Pleadings Medical Negligence

Case Brief

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Parties

Alun Jenkinson

Claimant (respondent)

Hertfordshire County Council

Defendant (appellant)

Procedural Posture

Civil Appeal / Appeal From Refusal to Amend Defence

Legal Issues

  1. 1 Whether the defendant should be granted permission to amend its Defence to plead that negligent medical treatment broke the chain of causation for the claimant's injuries
  2. 2 Whether there exists a specific rule of law that only grossly negligent medical treatment can break the chain of causation

Ratio Decidendi

The so-called 'Specific Rule' that only grossly negligent medical treatment can break the chain of causation does not exist as a principle of law. The proper approach is to consider, on the facts, whether the defendant ought fairly to be held liable for the loss. The defendant's proposed causation defence, based on the alleged negligent surgical treatment, has a real prospect of success and permission to amend should be granted.

Court Disposition

Appeal allowed

Orders

  • Permission to amend Defence granted
  • Costs of the appeal and any consequential adjustment to costs below to be dealt with by the judge; further case management to be addressed at a subsequent hearing