Hewes v West Hertfordshire Hospitals NHS Trust & Ors (3)

Hewes v West Hertfordshire Hospitals NHS Trust & Ors (3)

The Master erred in granting summary judgment before the exchange of expert evidence, as the claimant had a supportive expert and the issue of breach of duty was arguable; the application was premature and the claimant had a real prospect of success at trial.

Parties
Appellant/claimant: Barry Frederick Hewes; 1st Respondent/defendant: West Hertfordshire Hospitals NHS Trust; 2nd Respondent/defendant: East of England Ambulance Service NHS Trust; 3rd Respondent/defendant: Dr Pankaj Tanna
Jurisdiction
England and Wales
Judgment Date
18 October 2018
Procedural Posture
Civil Appeal (clinical Negligence) / Appeal From Summary Judgment
Outcome
Appeal allowed
Legal Topics
Clinical Negligence, Summary Judgment, Expert Evidence, Breach of Duty, Causation
Medical Law Civil Procedure Clinical Negligence Summary Judgment Expert Evidence Breach of Duty Causation

Case Brief

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Parties

Barry Frederick Hewes

Appellant/claimant

West Hertfordshire Hospitals NHS Trust

1st Respondent/defendant

East of England Ambulance Service NHS Trust

2nd Respondent/defendant

Dr Pankaj Tanna

3rd Respondent/defendant

Procedural Posture

Civil Appeal (clinical Negligence) / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the Master erred in granting summary judgment in favour of D3 (Dr Tanna) before exchange of expert evidence
  2. 2 Whether the claimant had a real prospect of success on the issue of breach of duty by D3
  3. 3 Whether the absence of a detailed expert report from the claimant justified summary judgment

Ratio Decidendi

The Master erred in granting summary judgment before the exchange of expert evidence, as the claimant had a supportive expert and the issue of breach of duty was arguable; the application was premature and the claimant had a real prospect of success at trial.

Court Disposition

Appeal allowed

Orders

  • Summary judgment in favour of D3 set aside
  • Matter to proceed to trial on breach of duty