Tom Gibson from Outer Temple Chambers has appeared for an NHS trust in a successful Mitchell-type strike-out of a clinical negligence claim. The case — HP v Norfolk Community Health and Care NHS Trust — involved an alleged failure to consent the claimant properly for an operation. The defendant trust had denied liability.
Applying the landmark case of Mitchell v News Group Newspapers Ltd, DJ Russell (Norwich County Court) held that the claimant’s claim should be struck out for two failures to comply with court orders: a failure to serve a condition and prognosis report (which had been served 10 days late) and a failure to serve witness evidence (which was five days late and counting at the date of the hearing).
The claimant’s two cross applications for relief from sanctions were dismissed.
Gibson was instructed by Mary Menjou and Emily Leslie at Kennedys, Cambridge.