Hussain, R (on the application of) v King Edward VII Hospital

Hussain, R (on the application of) v King Edward VII Hospital

The proposed new evidence failed the first and third limbs of the Ladd v Marshall test: it could have been obtained with reasonable diligence before trial, and it was not apparently credible. Therefore, it could not be admitted and the appeal was dismissed.

Parties
Claimant/appellant: Hani Hussain; Defendant/respondent: King Edward VII Hospital
Jurisdiction
England and Wales
Judgment Date
12 December 2013
Procedural Posture
Civil Appeal (medical Negligence) / Appeal From High Court Judgment; Application to Adduce Fresh Evidence on Appeal
Outcome
appeal dismissed; application to adduce fresh evidence refused
Legal Topics
Admission of Fresh Evidence on Appeal, Res Ipsa Loquitur, Burden of Proof, Medical Expert Evidence
Tort Medical Negligence Civil Procedure Admission of Fresh Evidence on Appeal Res Ipsa Loquitur Burden of Proof Medical Expert Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Hani Hussain

Claimant/appellant

King Edward VII Hospital

Defendant/respondent

Procedural Posture

Civil Appeal (medical Negligence) / Appeal From High Court Judgment; Application to Adduce Fresh Evidence on Appeal

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal under the Ladd v Marshall criteria
  2. 2 Whether the trial judge erred in finding no prima facie case of negligence by the hospital
  3. 3 Whether the new evidence would have affected the outcome

Ratio Decidendi

The proposed new evidence failed the first and third limbs of the Ladd v Marshall test: it could have been obtained with reasonable diligence before trial, and it was not apparently credible. Therefore, it could not be admitted and the appeal was dismissed.

Court Disposition

appeal dismissed; application to adduce fresh evidence refused

Orders

  • Application to adduce fresh evidence refused
  • Appeal dismissed