Horton v Evans & Anor

Horton v Evans & Anor

Lloyds Pharmacy, through its pharmacist, breached its duty of care by failing to question a prescription for dexamethasone at a strength eight times higher than previously dispensed for the claimant, despite clear procedures and professional standards requiring such a check in the face of a dramatic change. This breach caused the claimant's injury, as the subsequent prescription by Dr Elwell was not a novus actus interveniens and was foreseeable. The injury was not too remote a consequence of the breach.

Parties
Claimant: Cathy Bosworth Horton; First Defendant: Timothy Evans; Second Defendant: Lloyds Pharmacy Limited
Jurisdiction
England and Wales
Judgment Date
10 November 2006
Procedural Posture
Civil / Liability Judgment After Trial; Quantum Reserved
Outcome
Liability found against Lloyds Pharmacy; quantum reserved for later determination.
Legal Topics
Pharmacist's Duty of Care, Causation, Remoteness of Damage, Novus Actus Interveniens, Professional Negligence
Tort Medical Negligence Pharmacist's Duty of Care Causation Remoteness of Damage Novus Actus Interveniens Professional Negligence

Case Brief

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Parties

Cathy Bosworth Horton

Claimant

Timothy Evans

First Defendant

Lloyds Pharmacy Limited

Second Defendant

Procedural Posture

Civil / Liability Judgment After Trial; Quantum Reserved

Legal Issues

  1. 1 Whether Lloyds Pharmacy was negligent in dispensing a prescription for dexamethasone at a strength much higher than previously prescribed without questioning the prescription
  2. 2 Whether any breach of duty by Lloyds Pharmacy caused the claimant's injury
  3. 3 Whether the subsequent prescription by Dr Elwell broke the chain of causation

Ratio Decidendi

Lloyds Pharmacy, through its pharmacist, breached its duty of care by failing to question a prescription for dexamethasone at a strength eight times higher than previously dispensed for the claimant, despite clear procedures and professional standards requiring such a check in the face of a dramatic change. This breach caused the claimant's injury, as the subsequent prescription by Dr Elwell was not a novus actus interveniens and was foreseeable. The injury was not too remote a consequence of the breach.

Court Disposition

Liability found against Lloyds Pharmacy; quantum reserved for later determination.

Orders

  • Parties to notify the court within 21 days whether quantum is settled; if not, judgment on quantum to follow.
  • Time for filing any notice of appeal to run from notification of settlement or judgment on quantum.