“Judgment in the clinical negligence case of Thorley v Sandwell and West Birmingham NHS Trust was handed down by Soole J on 1 October 2021. This article looks at two interesting points arising from that decision. First, it examines Soole J’s decision on causation that, as a matter of law, the material contribution approach does not apply where there is a single tortfeasor and an indivisible injury. Secondly, it looks at the circumstances where an adverse inference may be drawn from the absence of a relevant witness …”
€ (Westlaw)
Thomas Herbert, ‘A look at Thorley v Sandwell and West Birmingham Hospitals NHS Trust: material contribution and adverse inferences’ [2022] 1 Journal of Personal Injury Litigation 18-24.
First posted 2022-03-23 19:00:46
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