Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 (QB) (02 February 2022)

This judgment is given after the full hearing of the appeal made by C and cross appeal made by D from the judgment… delivered on 11 May 2021… in the trial of a clinical negligence claim. The Recorder dismissed the claim having found fundamental dishonesty… by C, rejected D’s defence of illegality and assessed damages at £8,500. [3]

I shall: allow C’s appeal and overturn the Recorder’s decision on fundamental dishonesty; reject the Respondent’s appeal in relation to illegality, and enter judgment for C [4]

C asserted… a personal injury claim based on D’s clinical negligence… was admitted to the prison on the 17 June 2015 with deep cuts to his right ring and little finger. He asserted that D cancelled pre-arranged day surgery listed for the 22 June 2015 and thereafter delayed making arrangements for appropriate treatment of his cut fingers. In relation to causation C alleged that he would have made a “full recovery” had he had surgery within 10 days of suffering the original injury. [7]