Schembri v Marshall

Schembri v Marshall

The trial judge was entitled to find, on the balance of probabilities and considering statistical evidence, expert testimony, and the deceased's individual circumstances, that the admitted breach of duty caused the death; the appeal is dismissed.

Parties
Appellant: Mario Schembri; Respondent: Ian Marshall
Jurisdiction
England and Wales
Judgment Date
10 March 2020
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Causation, Duty of Care, Statistical Evidence, Damages
Medical Negligence Tort Law Causation Duty of Care Statistical Evidence Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Mario Schembri

Appellant

Ian Marshall

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether breach of duty by failing to refer deceased to hospital caused her death
  2. 2 Whether statistical evidence and expert testimony establish causation on balance of probabilities

Ratio Decidendi

The trial judge was entitled to find, on the balance of probabilities and considering statistical evidence, expert testimony, and the deceased's individual circumstances, that the admitted breach of duty caused the death; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Respondent £260,000
  • Appellant to pay costs of the action to be assessed