Whitehead & Anor v Searle & Anor

Whitehead & Anor v Searle & Anor

Permission to appeal on quantum of damages is refused as it is a freestanding issue and should have been raised earlier; permission to appeal on the personal claim is granted due to the unusual circumstances and arguable issues regarding duty of care owed to EW.

Parties
Appellant: Whitehead & Another; Respondent: Searle & Another
Jurisdiction
England and Wales
Judgment Date
17 January 2008
Procedural Posture
Civil Appeal / Application for Permission to Cross Appeal
Outcome
Application granted in part
Legal Topics
Duty of Care, Wrongful Birth, Limitation, Quantum of Damages
Professional Negligence Medical Law Tort Law Duty of Care Wrongful Birth Limitation Quantum of Damages

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Parties

Whitehead & Another

Appellant

Searle & Another

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Cross Appeal

Legal Issues

  1. 1 Whether solicitors and barrister owed a duty of care to EW in his personal capacity
  2. 2 Whether permission should be granted to appeal quantum of damages awarded to the estate
  3. 3 Whether the health authority owed a duty of care to EW as father

Ratio Decidendi

Permission to appeal on quantum of damages is refused as it is a freestanding issue and should have been raised earlier; permission to appeal on the personal claim is granted due to the unusual circumstances and arguable issues regarding duty of care owed to EW.

Court Disposition

Application granted in part

Orders

  • Permission to appeal on quantum of damages refused
  • Permission to appeal on personal claim granted