Smith and another v University of Leicester NHS Trust

Negligence – Cause of action. The Queen's Bench Division struck out the claimants' case for negligence on the basis that it would not be fair just and reasonable for the defendant NHS Trust to impose a duty of care in circumstances where the defendant had just been treating the patient and not his wider family and that where the scope of the alleged duty had effectively been to inform a third party of a diagnosis reached in respect of a patient, there was insufficient proximity between the parties for such a duty to be imposed.

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