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St Helena Case Law

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Medical negligence [2021] SHCA 4

Moyce, Appeal Of

Moyce, Appeal Of [2021] SHCA 4 (25 October 2021)

Leave to appeal was refused because the application was misconceived, raised only procedural and conduct complaints irrelevant to the merits, and there were genuine disputes requiring trial and expert evidence, making summary judgment inappropriate.

  • Summary judgment
  • Leave to appeal
  • Duty of care
  • Assessment of damages
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Tort law [2019] SHSC 1

A v The Attorney General of St Helena

A v The Attorney General of St Helena [2019] SHSC 1 (18 July 2019)

The claim is struck out because the facts do not support an inference that the Defendant assumed responsibility for the Plaintiff or created the danger, and the law as settled by Poole precludes a common law duty of care in these circumstances. The Plaintiff's arguments based on the Constitution and estoppel are rejected as providing no legal basis for imposing such a duty.

  • Negligence
  • Duty of care
  • Public authority liability
  • Child protection
  • Strike out applications
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St Helena decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.