From: HOGGARD N.W. <n.w.hoggard@durham.ac.uk>
To: Andrew Tettenborn <A.M.Tettenborn@swansea.ac.uk>
CC: Ken Oliphant <ken.oliphant@oeaw.ac.at>
obligations@uwo.ca
Date: 19/08/2013 09:14:04 UTC
Subject: Re: ODG: puzzle about Rabone decision

I note that, in the judgment at first instance (Rabone & Anor v Pennines Care NHS Trust [2009] EWHC 1827, at para 31), there is mention made of the Trust's own SUI report, which included criticism of MR's fragmented and discontinuous treatment, (as well as the criticism of the final decision to grant overnight leave). The father's original complaint letter also included criticism of the failure successfully to treat his daughter's depression (para 23), so it wouldn't surprise me if the original particulars of claim also made reference to this. I imagine, then, that the Part 36 offer was made in acknowledgement of these failings, as well as the negligence of the final material decision.

But certainly there is no explicit statement of this.

Best regards

Nick

_______________

Nicholas Hoggard BA(Hons), LLB(Hons), LLM
Barrister (Lincoln's Inn)

Tutor and Doctoral Scholar | Durham Law School
SCR Member | University College
Durham University, UK
T: +44 191 33 48536 | M: +44 7789 743 790

http://www.dur.ac.uk/law/staff/stafflist/?id=10348

Sent from my iPad

On 19 Aug 2013, at 09:52, "Andrew Tettenborn" <A.M.Tettenborn@swansea.ac.uk> wrote:

Puzzled me too. Just possibly there were complaints by the parents about her treatment earlier which we don't know about (after all, the 1934 Act proceedings were settled after horse-trading of which we know nothing). Or just possibly it's a slip of the word processor: possibly the 2 *days* of feeling suicidal after she was allowed home?

Andrew


On 19/08/13 07:51, Ken Oliphant wrote:
Dear all

I am puzzled by something in the UK Supreme Court's judgment in Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 (suicide by informal patient allowed home leave). At para 74, Lord Dyson says that the settlement for the claim by the deceased's estate included an element in respect of her pain and suffering "during the two months before she died". Yet, we are also told (paras 1 and 74)  that the deceased died on the same day on which she hung herself (which was the day after she was negligently allowed home from the defendant's hospital), so I can't work out where Lord Dyson's two months come from.

Any ideas?

Best wishes
Ken

--

 
Andrew Tettenborn
Professor of Commercial Law, Swansea University

School of Law, University of Swansea
Richard Price Building
Singleton Park
SWANSEA SA2 8PP
Phone 01792-602724 / (int) +44-1792-602724
Fax 01792-295855 / (int) +44-1792-295855



Andrew Tettenborn
Athro yn y Gyfraith Fasnachol, Prifysgol Abertawe

Ysgol y Gyfraith, Prifysgol Abertawe
Adeilad Richard Price
Parc Singleton
ABERTAWE SA2 8PP
Ffôn 01792-602724 / (rhyngwladol) +44-1792-602724
Ffacs 01792-295855 / (rhyngwladol) +44-1792-295855


 

Lawyer (n): One versed in circumvention of the law (Ambrose Bierce)



 

 

***