Bailey v Bijlani & Anor [2025] EWHC 175 (KB) (31 January 2025)

Bailey v Bijlani & Anor [2025] EWHC 175 (KB) (31 January 2025)

The First Defendant breached her duty of care by failing to properly assess, plan, and obtain informed consent for the implant procedure, causing direct injury and consequential losses to the Claimant. MBNA Ltd is jointly and severally liable under section 75 Consumer Credit Act 1974 as the credit provider for the dental services contract. The breaches caused pain, loss of teeth, bone loss, and ischaemic colitis, entitling the Claimant to damages.

Citation
[2025] EWHC 175 (KB)
Parties
Claimant: Caroline Bailey; First Defendant: Monica Bijlani; Second Defendant: MBNA Ltd
Jurisdiction
England and Wales
Judgment Date
31 January 2025
Procedural Posture
Negligence Claim / High Court Trial Judgment
Outcome
Claim allowed against both Defendants
Legal Topics
Professional Negligence, Dental Malpractice, Joint and Several Liability, Consumer Credit Act Liability, Informed Consent, Causation, Quantum of Damages
Tort Contract Consumer Protection Professional Negligence Dental Malpractice Joint and Several Liability Consumer Credit Act Liability Informed Consent +2 more

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Parties

Caroline Bailey

Claimant

Monica Bijlani

First Defendant

MBNA Ltd

Second Defendant

Procedural Posture

Negligence Claim / High Court Trial Judgment

Legal Issues

  1. 1 Whether the First Defendant breached her duty of care in providing dental treatment
  2. 2 Whether MBNA Ltd is jointly and severally liable under section 75 Consumer Credit Act 1974
  3. 3 Causation of physical injury and consequential losses

Ratio Decidendi

The First Defendant breached her duty of care by failing to properly assess, plan, and obtain informed consent for the implant procedure, causing direct injury and consequential losses to the Claimant. MBNA Ltd is jointly and severally liable under section 75 Consumer Credit Act 1974 as the credit provider for the dental services contract. The breaches caused pain, loss of teeth, bone loss, and ischaemic colitis, entitling the Claimant to damages.

Court Disposition

Claim allowed against both Defendants

Orders

  • First Defendant and MBNA Ltd held jointly and severally liable for damages
  • Claimant awarded damages for pain, suffering, remedial treatment, and consequential losses