Zgonec-Rozej & Ors v Pereira [2025] EWCA Civ 171 (26 February 2025)

Zgonec-Rozej & Ors v Pereira [2025] EWCA Civ 171 (26 February 2025)

The appeal was dismissed because the trial judge's findings that Dr Pereira's breaches of duty did not cause or materially contribute to Mr Jones' death were properly founded on the evidence and the law; the doctrine of material contribution did not arise as 'but for' causation was determinable; no error of law or fact was established.

Citation
[2025] EWCA Civ 171
Parties
Appellant/claimant: Ms Misa Zgonec-Rozej; Appellant/claimant: Patrick Zgonec Jones; Appellant/claimant: Zachary Zgonec-Rozej; Respondent/defendant: Dr Stephen Pereira
Jurisdiction
England and Wales
Judgment Date
26 February 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment (king's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Medical Negligence, Causation, Material Contribution, Contributory Negligence, Duty of Care, Psychiatric Injury
Clinical Negligence Tort Law Medical Negligence Causation Material Contribution Contributory Negligence Duty of Care Psychiatric Injury

Case Brief

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Parties

Ms Misa Zgonec-Rozej

Appellant/claimant

Patrick Zgonec Jones

Appellant/claimant

Zachary Zgonec-Rozej

Appellant/claimant

Dr Stephen Pereira

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment (king's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether Dr Pereira's breaches of duty caused or materially contributed to the death of Mr John Jones QC
  2. 2 Whether the trial judge erred in law or fact in his findings on causation
  3. 3 Whether the doctrine of material contribution applied

Ratio Decidendi

The appeal was dismissed because the trial judge's findings that Dr Pereira's breaches of duty did not cause or materially contribute to Mr Jones' death were properly founded on the evidence and the law; the doctrine of material contribution did not arise as 'but for' causation was determinable; no error of law or fact was established.

Court Disposition

Appeal dismissed