RK and MK v Oldham NHS Trust and Dr B

[2003] Lloyd's Rep Med 01

QUEEN'S BENCH DIVISION

and Mr Justice SIMON

Preliminary Issues — Negligence, Human Rights Act Article 8 and European Convention on Human Rights and Freedoms — CPR 2.4 and 24 — Whether the Claimants could show a real prospect of success on any of three issues — First issue whether the patient of the Defendants, a minor, had suffered a recognisable injury for which a remedy would be provided — Second issue whether the parents of the minor were owed a duty of care — Were the parents sufficiently proximate and was it fair, just and reasonable to impose a duty — Third issue did any Claimant have a valid Convention claim justiciable in the English Jurisdiction