Michelle Prudence v Gloucestershire Hospitals NHS Foundation Trust

Michelle Prudence v Gloucestershire Hospitals NHS Foundation Trust

Where the defendant has no real prospect of successfully defending the issue that, but for its negligence, the claimants would not have been involved in the transfer causing their injuries, and there is no other compelling reason for trial, summary judgment must be granted on that issue.

Parties
Claimant: Michelle Prudence; Claimant: Fleur Charlton; Defendant: Gloucestershire Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
22 January 2026
Procedural Posture
Civil Appeal / Appeal From Master's Decision on Summary Judgment and Strike Out Applications
Outcome
Appeal allowed in part; summary judgment granted on the identified issue.
Legal Topics
Summary Judgment, Strike Out Applications, Employer's Duty of Care, Psychiatric Injury, Primary Victim Doctrine, Clinical Negligence, Causation
Tort Law Employment Law Medical Negligence Summary Judgment Strike Out Applications Employer's Duty of Care Psychiatric Injury Primary Victim Doctrine +2 more

Case Brief

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Parties

Michelle Prudence

Claimant

Fleur Charlton

Claimant

Gloucestershire Hospitals NHS Foundation Trust

Defendant

Procedural Posture

Civil Appeal / Appeal From Master's Decision on Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether summary judgment should be granted on the issue that, but for the defendant’s negligence, the claimants would not have been involved in the transfer that caused their injuries
  2. 2 Whether there was a compelling reason for the issue to proceed to trial despite no real prospect of success for the defendant
  3. 3 Whether the defendant owed a duty of care to the claimants as employees exposed to foreseeable risk

Ratio Decidendi

Where the defendant has no real prospect of successfully defending the issue that, but for its negligence, the claimants would not have been involved in the transfer causing their injuries, and there is no other compelling reason for trial, summary judgment must be granted on that issue.

Court Disposition

Appeal allowed in part; summary judgment granted on the identified issue.

Orders

  • Summary judgment entered for the claimants on the issue that, but for the defendant’s negligence, the claimants would not have been involved in the transfer that allegedly caused their injuries.
  • No determination made on the broader issues of duty, breach, or primary victim status.