The Law Reports (Queen's Bench Division)
[2004] QB 558
Court of Appeal
D v East Berkshire Community NHS Trust and others
MAK and another v Dewsbury Healthcare NHS Trust and another
RK and another v Oldham NHS Trust and another
[2003] EWCA Civ 1151
2003 May 19,
20,
21;
July 31
July 31
Lord Phillips of Worth Matravers MR, Hale and Latham LJJ
Children
— Child abuse
— Mistaken diagnosis of child abuse
— Parents claiming damages for psychiatric injury caused by false allegations
— Whether duty of care owed by healthcare professionals to parents or children
— Whether determination of existence of duty of care as preliminary issue infringing claimants' right to fair trial
— Whether actionable breach of other human rights
—
Children Act 1989 (c 41), s. 1
[1]
—
Human Rights Act 1998 (c 42), ss. 2, 6, Sch. 1, Pt I, arts 3, 6, 8
[2]
Negligence
— Duty of care to whom?
— Parents suspected of child abuse
— Healthcare professionals and social workers mistakenly diagnosing and investigating child abuse by parents
— Parents claiming damages for resulting psychiatric injury
— Whether duty of care owed by healthcare professionals or social workers to parents or children
— Whether sufficient proximity
— Whether witness immunity precluding liability