Farraj and Another v King’s Healthcare NHS Trust and Another
| Jurisdiction | England & Wales |
| Judge | Lord Justice Stanley Burnton,Lord Justice Elias |
| Judgment Date | 07 April 2009 |
| Neutral Citation | [2009] EWCA Civ 348,[2009] EWCA Civ 1203 |
| Docket Number | Case Nos: B3/2008/2903 |
| Court | Court of Appeal (Civil Division) |
| Date | 07 April 2009 |
Farraj & Anr
First Respondents/Claimants
and
King's Healthcare Nhs Trust
Appellant/First Defendant
and
Cytogenetics Dna Services Ltd
Second Respondent
Before: Lord Justice Stanley Burnton
and
Lord Justice Elias
Case Nos: B3/2008/2903
B3/2009/0001
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(Mr Justice Burnett)
Mr M Spencer QC (instructed by Messrs Hempsons) appeared on behalf of the Appellant.
Mr G McDermott QC (instructed by Messrs Bolt Burden Kemp) appeared on behalf of the First Respondents.
Mr A Prynne QC (instructed by CMS Cameron McKenna LLP) appeared on behalf of the Second Respondent.
(Draft for Approval)
Lord Justice Stanley Burnton:
1
This was a tragic case, which led to a finding of negligence against both King's Healthcare and Cytogenetic DNA Services Limited.
2
The judgment is a very careful judgment. Nonetheless, we have come to the conclusion that there should be permission to appeal against the finding as against the first defendants, having regard in particular to the relatively unusual imposition of liability and negligence in circumstances where one...
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20 cases
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Morrissey v Health Service Executive
...To this effect, the HSE relied on the decision of the Court of Appeal for England and Wales in Farraj v. King's Healthcare NHS Trust, [2009] EWCA Civ 348, [2010] 1 W.L.R. 2139, where it was held that the defendant hospital was not liable for the negligent acts of a third party laboratory ......
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Annie Rachel Woodland (a Protected Party Suing by Her Father and Litigation Friend, Ian Woodland) v Essex County Council
...by the negligence of his employees acting in the course of their employment. As Sedley LJ pointed out at paragraph 100 in Farraj v King's Healthcare NHS Trust [2010] 1WLR 2139 (to which I will have to refer in greater detail), this principle is to be found as far back as Mitchil v Alestree......
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2 firm's commentaries
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Medical Law Briefing - December 2021
...a direct duty of care to those admitted as patients to the hospital", and the Court of Appeal in Farraj v King's Healthcare NHS Trust [2009] EWCA Civ 1203; [2010] 1 W.L.R. 2139 noted, ".I shall assume that a hospital generally owes a non-delegable duty to its patients to ensure that they ar......
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Medical Law Briefing - December 2021
...a direct duty of care to those admitted as patients to the hospital", and the Court of Appeal in Farraj v King's Healthcare NHS Trust [2009] EWCA Civ 1203; [2010] 1 W.L.R. 2139 noted, ".I shall assume that a hospital generally owes a non-delegable duty to its patients to ensure that they ar......
2 books & journal articles
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Tort Law
...Thong Jiang Andrew v Yue Wai Mun [2015] SGHC 119. 104 [2016] 2 SLR 544. 105 [2014] AC 537. 106 [2015] AC 1430. 107 [1985] AC 871. 108 [2010] 1 WLR 2139. 109 [2016] SGDC 170. 110 [2016] SGDC 165. 111 Cap 354, 2009 Rev Ed. 112 See Man Mohan Singh s/o Jothirambal Singh v Zurich Insurance (Sing......
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Biomedical Law and Ethics
...[1980] 2 NSWLR 542 for an illustration of the undertaking of “complete medical services”, cf Farraj v King's Healthcare NHS Trust [2010] 1 WLR 2139. 49 See para 6.1 above. 50 Singapore Medical Council v Wong Him Choon [2016] 4 SLR 1086 at [8]. 51 See para 6.19(b) above. 52 Singapore Medical......