King's / Queen's Bench Division of the High Court

KB-2023-001134 - [2025] EWHC 2121 (KB)

Fecha: 08-Ago-2025

The Preliminary Issues

The Preliminary Issues

On 19 June 2024 Master Armstrong ordered that

“A preliminary issue shall be tried between the Claimant and the Defendant as to the following specific issues:
a.
Has there been a breach (or breaches) of duty as pleaded in the Amended Particulars of Claim?
b.
On the balance of probabilities, how much time would have been ‘saved’ but for the established breach(es) of duty?
c.
If a breach of duty in respect of informed consent is found, on the balance of probabilities, would the Claimant have opted to postpone her surgery in favour of awaiting a second opinion (with evidence as to the issues of who, where and when that second opinion would have likely been provided [sic])”

I will consider the above three preliminary issues in the following order:

Issue 1(a): was there a breach of duty in respect of the pleaded allegations concerning the pre-operative planning/preparation and risk management?

Issue 1(b): was there a breach of duty in respect of the pleaded allegations concerning intraoperative skill and care?

Issue 2: in the event that a breach of duty under 1(a) being established, how much time would have been saved but for such breach(es)?

Issue 3: was there a breach of duty in respect of the pleaded allegations concerning informed consent and, if so, on the balance of probabilities, would the Claimant have opted to postpone her surgery in favour of awaiting a second opinion?