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The Court of Appeal upholds the High Court's dismissal of a medical negligence and product liability case involving a series of hip replacement surgeries and alleged defective hip prosthesis, where the High Court had found both inordinate and inexcusable delay in the prosecution of the case, on the grounds that the threshold for prejudice likely to lead to an unfair trial or unjust result had been met, justifying the dismissal under the court's inherent jurisdiction.
Medical negligence - product liability - hip replacement - defective prosthesis - inordinate delay - inexcusable delay - unfair trial - unjust result - appeal - dismissal - High Court - Court of Appeal, -O'Domhnaill test - Primor test - Sale of Goods and Supply of Services Acts - Liability for Defective Products Act 1991 - Council Directive 85/374/EEC - deceit - breach of fiduciary duty - concealment of information - documentary evidence - oral testimony - witness memory, -inherent jurisdiction.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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