Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | September 2018 #168
Limits of the duty of informed consent; breach of duty; causation ‘The confirmation of the need to satisfy the but for test is consistent with a long line of recent authority.’ In Montgomery v Lanarkshire Health Board [2015] it was held that the doctor must take reasonable care to ensure that a patient is aware …

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Breach of duty and causation: Where are we now?

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | November 2013 #120
Christopher Sharp QC and Matthew White analyse recent developments and provide practical advice ‘Ultimately it may be judicial pragmatism that provides the key (if not a principled solution) to the apparent conflicts in the case law.’ Must a claimant prove that a defendant’s breach of duty caused their loss before being entitled to recover damages …

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