Read the full judgment text of FACV 000016/2005 on BabelCite. This FACV judgment before Bokhary PJ, Chan PJ, Ribeiro PJ, Sir Noel Power NPJ, Lord Woolf NPJ.
Civil procedure – striking out – amendment – negligent failure to warn – medical negligence – death of patient – mother as personal representative – claim for negligent treatment struck out – application to add negligent failure to warn – whether claim reasonably arguable – whether claim abandoned – developing area of law – appeal allowed – action reinstated – leave to amend granted except for particulars straying into negligent treatment – costs orders – mother to have costs of appeal and half of earlier costs – consequential directions for amended pleadings
Legal issues: Striking out and amendment - negligent failure to warn claim
Outcome: Appeal allowed; action reinstated; mother granted leave to amend Statement of Claim except for items (g) and (h) of the particulars.