Jowhari v NHS England [2014] EWHC 4197 (QB) (11 December 2014)

Jowhari v NHS England [2014] EWHC 4197 (QB) (11 December 2014)

No duty of care was owed to the claimant under statute or common law to protect against economic loss arising from removal from the performers list; statutory scheme intended to protect public, not dentists' economic interests; no breach or causation established.

Citation
[2014] EWHC 4197
Parties
Claimant: Dr. Haitham Jowhari; Defendant: NHS England
Jurisdiction
England and Wales
Judgment Date
11 December 2014
Procedural Posture
Negligence/breach of Statutory Duty / Final Judgment
Outcome
Claim dismissed
Legal Topics
Negligence, Statutory Duty, Performers List, Economic Loss, Duty of Care
Tort Law Administrative Law Health Law Negligence Statutory Duty Performers List Economic Loss Duty of Care

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Parties

Dr. Haitham Jowhari

Claimant

NHS England

Defendant

Procedural Posture

Negligence/breach of Statutory Duty / Final Judgment

Legal Issues

  1. 1 Whether the statutory scheme creates a private law duty to protect against economic loss
  2. 2 Whether a common law duty of care exists to prevent economic loss in the context of performers list removal
  3. 3 Whether the removal from the performers list was lawful or consented to

Ratio Decidendi

No duty of care was owed to the claimant under statute or common law to protect against economic loss arising from removal from the performers list; statutory scheme intended to protect public, not dentists' economic interests; no breach or causation established.

Court Disposition

Claim dismissed