Farraj & Anor v King's Healthcare NHS Trust & Anor [2006] EWHC 1228 (QB) (26 May 2006)

Farraj & Anor v King's Healthcare NHS Trust & Anor [2006] EWHC 1228 (QB) (26 May 2006)

CSL owed a duty of care to the Claimants. The relationship was sufficiently proximate, the damage was foreseeable, and it was fair, just and reasonable to impose such a duty. The lack of direct contact did not preclude proximity or assumption of responsibility. CSL's services were integral to the diagnostic process, and reliance by the Claimants was foreseeable. The scope of the duty included exercising reasonable skill and care in culturing and communicating material information affecting reliability. The application to join CSL as Second Defendant was not determined in this extract, but the limitation issue was addressed in principle.

Citation
[2006] EWHC 1228
Parties
Claimant: Mrs Hanan Basem Farraj; Claimant: Mr Basem M. Farraj; Defendant/part 20 Claimant: King's Healthcare NHS Trust; Part 20 Defendant: Cytogenetic DNA Services Limited
Jurisdiction
England and Wales
Judgment Date
26 May 2006
Procedural Posture
High Court Civil Claim (queen's Bench Division) / Ruling on Preliminary Issue and Application to Join Part 20 Defendant
Outcome
CSL owes a duty of care to the Claimants for the purposes of the Civil Liability (Contribution) Act 1978. The preliminary issue is answered in the affirmative. The application to join CSL as Second Defendant is considered but not fully determined in this extract.
Legal Topics
Duty of Care, Wrongful Birth, Limitation of Actions, Contribution Between Tortfeasors, Assumption of Responsibility
Tort Law Medical Negligence Personal Injury Duty of Care Wrongful Birth Limitation of Actions Contribution Between Tortfeasors Assumption of Responsibility

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Parties

Mrs Hanan Basem Farraj

Claimant

Mr Basem M. Farraj

Claimant

King's Healthcare NHS Trust

Defendant/part 20 Claimant

Cytogenetic DNA Services Limited

Part 20 Defendant

Procedural Posture

High Court Civil Claim (queen's Bench Division) / Ruling on Preliminary Issue and Application to Join Part 20 Defendant

Legal Issues

  1. 1 Whether Cytogenetic DNA Services Limited (CSL) owed a common law duty of care to the Claimants for the purposes of the Civil Liability (Contribution) Act 1978
  2. 2 Whether CSL should be joined as a Second Defendant given limitation arguments

Ratio Decidendi

CSL owed a duty of care to the Claimants. The relationship was sufficiently proximate, the damage was foreseeable, and it was fair, just and reasonable to impose such a duty. The lack of direct contact did not preclude proximity or assumption of responsibility. CSL's services were integral to the diagnostic process, and reliance by the Claimants was foreseeable. The scope of the duty included exercising reasonable skill and care in culturing and communicating material information affecting reliability. The application to join CSL as Second Defendant was not determined in this extract, but the limitation issue was addressed in principle.

Court Disposition

CSL owes a duty of care to the Claimants for the purposes of the Civil Liability (Contribution) Act 1978. The preliminary issue is answered in the affirmative. The application to join CSL as Second Defendant is considered but not fully determined in this extract.