Duce v Worcestershire Acute Hospitals NHS Trust

Practice – Striking out. The claimant's claim for damages for alleged medical negligence had been struck out on the basis that it did not have a real prospect of success. Her application to reinstate the claim, and amend the particulars of claim, was dismissed. The Court of Appeal, Civil Division, allowed her appeal as the judge had been wrong to find that the amended claim had had no real prospect of success.

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