Henderson (a protected party, by her Litigation Friend the Official Solicitor) v Dorset Healthcare University NHS Foundation Trust

Negligence – Medical treatment. The consequence of the principles in Clunis v Camden and Islington Health Authority ([1998] 3 All ER 180) and Gray v Thames Trains Ltd and another ([2009] 4 All ER 81) was that all the heads of loss claimed by the claimant for the defendant Trust's admitted breaches of duty, resulting in her killing her mother, were barred as a matter of public policy. The Court of Appeal, Civil Division, held that Patel v Mirza ([2017] 1 All ER 191) did not suggest that Clunis or Gray had been wrongly decided, or could not stand with the reasoning in Patel.

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