Quaatey v Guy's & St Thomas' NHS Foundation Trust

Quaatey v Guy's & St Thomas' NHS Foundation Trust

The appeal was dismissed because there was no procedural irregularity; the expert evidence did not support the allegations of negligence; and the claim was barred by limitation, making a fair trial impossible due to prejudicial delay.

Source-derived case information.

Parties
Claimant: Gifty Quaatey; Defendant: Guy’s & St Thomas’ NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
21 May 2020
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Strike Out, Summary Judgment, Limitation, Expert Evidence, Procedural Irregularity
Medical Negligence Civil Procedure Strike Out Summary Judgment Limitation Expert Evidence Procedural Irregularity

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Parties

Gifty Quaatey

Claimant

Guy’s & St Thomas’ NHS Foundation Trust

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

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

Ratio Decidendi

The appeal was dismissed because there was no procedural irregularity; the expert evidence did not support the allegations of negligence; and the claim was barred by limitation, making a fair trial impossible due to prejudicial delay.

Court Disposition

appeal dismissed

Orders

  • Claimant to pay costs of the appeal