Non-Delegable Duty: Different Dentist, Same Drill

Around this time last year, Dominic Ruck Keene examined the County Court decision in Ramdhean v Agedo and The Forum Dental Practice Limited 2020 WL 00620352. HHJ Belcher concluded that a dental practice owed a non-delegable duty of care with respect to treatment carried out by a dentist working there.…

Vicarious Liability – Associate Dentists

Ramdhean v Agedo and The Forum Dental Practice Limited 2020 WL 00620352  This article originally appeared in Issue 5 (May 2020). The Facts  The claim arose out of allegedly negligent care given to the Claimant at a dental surgery. A preliminary hearing was held at Leeds County Court to consider…

Vicarious Liability – Is It Still ‘On The Move’?

WM Morrison Supermarket plc v Various Claimants [2020] UKSC 12  Barclays Bank plc v Various Claimants [2020] UKSC 13  This article originally appeared in Issue 5 (May 2020). These parallel judgments, handed down on the same day by the Supreme Court, clarify the two stage approach to determining whether an…

Issues in Litigating Informed Consent Claims

Johnstone v NHS Grampian [2019] CSOH 90  This article originally appeared in Issue 4 (March 2020). The Outer House of the Court of Session found that the Pursuer/Claimant (“J”) had given informed consent to the transsphenoidal surgery he underwent and dismissed J’s claim for damages brought against the health authority. …