Panther v Wharton & Anor [2002] EWCA Civ 114 (28 January 2002)

Panther v Wharton & Anor [2002] EWCA Civ 114 (28 January 2002)

The grounds of appeal raise arguable points on negligence, causation, and novus actus interveniens, warranting consideration by the Court of Appeal.

Citation
[2002] EWCA Civ 114
Parties
Claimant: Patricia Rose Panther; First Defendant: Dr Wharton; Fourth Defendant: Dr Anthony Adegoke
Jurisdiction
England and Wales
Judgment Date
28 January 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Negligence, Causation, Novus Actus Interveniens, Standard of Care
Medical Negligence Tort Law Negligence Causation Novus Actus Interveniens Standard of Care

Case Brief

Summary, issues, holding and outcome

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Parties

Patricia Rose Panther

Claimant

Dr Wharton

First Defendant

Dr Anthony Adegoke

Fourth Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the first and fourth defendants were negligent in their treatment of the claimant
  2. 2 Whether any negligence by the first defendant broke the chain of causation (novus actus interveniens)
  3. 3 Whether causation was established given the narrow window for effective treatment

Ratio Decidendi

The grounds of appeal raise arguable points on negligence, causation, and novus actus interveniens, warranting consideration by the Court of Appeal.

Court Disposition

permission to appeal granted

Orders

  • Application for permission to appeal allowed
  • Costs to be costs in the appeal