AB & Ors v Leeds Teaching Hospital NHS Trust [2004] EWHC 644 (QB) (26 March 2004)

English law does not recognise a tort of wrongful interference with a body. Hospitals acted within statutory authority for post-mortems and organ retention. Claimants failed to establish actionable negligence or breach of statutory duty. Psychiatric injury caused by organ retention knowledge was not sufficient to warrant damages. Claims fail.

Citation: [2004] EWHC 644
Parties: Claimant: A B and Others; First Defendant: Leeds Teaching Hospital NHS Trust; Second Defendant: Cardiff and Vale HNS Trust
Jurisdiction: England and Wales
Judgment Date: 26 March 2004
Procedural Posture: Group Litigation / Trial of Lead Actions and Preliminary Issues
Outcome: Claims dismissed
Legal Topics: Wrongful Interference With Body, Negligence, Consent for Post Mortem, Retention of Organs, Psychiatric Injury, Human Tissue Act 1961, Coroners Act 1988, Human Rights Act

Tort Medical Law Human Rights Wrongful Interference With Body Negligence Consent for Post Mortem Retention of Organs Psychiatric Injury +3 more

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

A B and Others

Claimant

Leeds Teaching Hospital NHS Trust

First Defendant

Cardiff and Vale HNS Trust

Second Defendant

Procedural Posture

Group Litigation / Trial of Lead Actions and Preliminary Issues

Legal Issues

1 Whether removal and retention of organs without parental consent constitutes wrongful interference under English law
2 Whether hospitals and staff were negligent in conducting post-mortems and retaining organs
3 Whether claimants suffered actionable psychiatric injury from organ retention knowledge

Ratio Decidendi

Court Disposition

Claims dismissed