← All Authorities
United Kingdom Leading Case causation factualprofessional negligence

Bailey v Ministry of Defence

[2008] EWCA Civ 883
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal (Civil Division)
Year2008
StatusBinding authority

Summary

In clinical negligence, where multiple causes contribute to indivisible harm, a claimant need only show the defendant's negligence materially contributed to that harm.

Key Principle

Material contribution to harm in clinical negligence; where multiple causes contribute, claimant need only show defendant's negligence materially contributed

Area of Law

tort

Related Cases

Bird v DP (A Pseudonym) (2024) 98 ALJR 486

High Court of Australia held a religious organisation vicariously liable for sexual abuse by a priest, recognising a relationship akin to employment sufficient to ground vicarious liability.

Bryant v Badenoch Integrated Logging Pty Ltd (2023) 278 CLR 99

High Court of Australia held that the peak indebtedness rule does not apply when assessing unfair preferences under s 588FA of the Corporations Act 2001 (Cth).

Kozarov v Victoria (2022) 275 CLR 115

An employer owes a duty to take reasonable steps to protect an employee from psychiatric injury caused by vicarious trauma, and may breach that duty by failing to act on obvious warning signs.

Ask CommonBench about this case

Get a detailed analysis of Bailey v Ministry of Defence and how it applies to your situation.

Explain Bailey v Ministry of Defence