C was born at home on 15 September 2009. C has cerebral palsy. This was an appeal against the Master’s refusal of permission to amend the Particulars of Claim to add a claim for breach of a duty to obtain informed consent in connection with risks associated with a home birth.
Appeal allowed: “…the consolidation of all claims to be heard at one trial is so much more practical and economic in terms of time, trouble and cost both to the parties and to the court system generally than the alternative of sequential trials with possible duplication of evidence and/or prolonged satellite litigation that the amendment ought to be allowed now and a new timetable to trial should be set to prepare for the informed consent case to be heard at the same time as the existing claim…” (paragraph 30)
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