Quaatey v Guy's & St Thomas' NHS Foundation Trust [2020] EWHC 1296 (QB) (21 May 2020)

Quaatey v Guy's & St Thomas' NHS Foundation Trust [2020] EWHC 1296 (QB) (21 May 2020)

The appeal was dismissed because the expert evidence provided by the claimant did not support her allegations of negligence, there was no procedural irregularity in the conduct of the hearing, and the claim was also barred by limitation with no good reason for the delay. The absence of supportive expert evidence and the prejudicial effect of the delay justified striking out the claim and entering summary judgment for the defendant.

Citation
[2020] EWHC 1296
Parties
Claimant/appellant: Gifty Quaatey; Defendant/respondent: Guy's & St Thomas' NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
21 May 2020
Procedural Posture
Appeal (civil) / Appeal From Order Striking Out Claim and Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Strike Out Applications, Summary Judgment, Limitation of Actions, Requirement for Expert Evidence, Consent to Medical Treatment
Civil Procedure Medical Negligence Strike Out Applications Summary Judgment Limitation of Actions Requirement for Expert Evidence Consent to Medical Treatment

Case Brief

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Parties

Gifty Quaatey

Claimant/appellant

Guy's & St Thomas' NHS Foundation Trust

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From Order Striking Out Claim and Summary Judgment

Legal Issues

  1. 1 Whether the claim should have been struck out for lack of supportive expert evidence
  2. 2 Whether summary judgment should have been entered for the defendant due to limitation and evidential prejudice
  3. 3 Whether there was a procedural irregularity in the hearing before Master Cook

Ratio Decidendi

The appeal was dismissed because the expert evidence provided by the claimant did not support her allegations of negligence, there was no procedural irregularity in the conduct of the hearing, and the claim was also barred by limitation with no good reason for the delay. The absence of supportive expert evidence and the prejudicial effect of the delay justified striking out the claim and entering summary judgment for the defendant.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out
  • Summary judgment for the defendant