Jowhari v NHS England

Jowhari v NHS England

No duty of care was owed to the claimant under statute or common law to protect him from economic loss resulting from his removal from the performers list. The statutory scheme is for public protection, not for the benefit of dentists, and does not create a private law right to damages. There were no special circumstances to justify imposing such a duty at common law. Even if there was a breach, the claimant acquiesced and did not rely on the alleged breach.

Parties
Claimant: Dr. Haitham Jowhari; Defendant: NHS England
Jurisdiction
England and Wales
Judgment Date
11 December 2014
Procedural Posture
Civil (negligence/breach of Statutory Duty) / Judgment After Trial on Liability (duty, Breach, Causation Only; Quantum Reserved)
Outcome
Claim dismissed
Legal Topics
Negligence, Breach of Statutory Duty, Economic Loss, Performers List Regulations, Duty of Care, Maladministration
Tort Law Administrative Law Statutory Interpretation Negligence Breach of Statutory Duty Economic Loss Performers List Regulations Duty of Care +1 more

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Parties

Dr. Haitham Jowhari

Claimant

NHS England

Defendant

Procedural Posture

Civil (negligence/breach of Statutory Duty) / Judgment After Trial on Liability (duty, Breach, Causation Only; Quantum Reserved)

Legal Issues

  1. 1 Whether the defendant owed the claimant a duty of care under statute or common law to prevent economic loss resulting from removal from the performers list
  2. 2 Whether the statutory scheme confers a private law right to damages for economic loss
  3. 3 Whether the removal was unlawful and, if so, whether it gives rise to damages

Ratio Decidendi

No duty of care was owed to the claimant under statute or common law to protect him from economic loss resulting from his removal from the performers list. The statutory scheme is for public protection, not for the benefit of dentists, and does not create a private law right to damages. There were no special circumstances to justify imposing such a duty at common law. Even if there was a breach, the claimant acquiesced and did not rely on the alleged breach.

Court Disposition

Claim dismissed