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Max Lowry
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Category: UK Law
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Experience:  LLB, 10 years post qualification experience
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Can one sue over harm they could have suffered, but didnt

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Can one sue over harm they could have suffered, but didn’t actually suffer?
For example: (quote from newspaper article) - “More than 100 sub-postmasters could sue the PO after it was discovered Horizon had created temporary cash shortfalls of up to £9,000, which may have seen them wrongly prosecuted”. What legal action can one take when a person’s negligent, or malicious, actions could have caused them serious harm? Can they ask the court to order the person, whose actions had placed them in danger, not to repeat the offence?

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

The very definition of negligence requires there to be "damage" which in it's natural form, means financial loss or physical injury of some type.

Max Lowry :

The potential for damage, or harm, is not enough for negligence.

Max Lowry :

It's often said actually by lawyers that you admit liability for negligence but deny that any loss was caused, but technically, this is wrong. You have to have damage for their to be any negligence.

Max Lowry :

An injunction can be obtained to prevent an immediate threat of harm, although in the circumstances you mention, I cannot begin to work out how this would actually work.

Max Lowry :

So in short, I'm afraid I do not see how you're likely to get an injunction and/or damages in a case like this without there actually being some financial loss or damage to you - as opposed to the risk of it.

Max Lowry :

However, there might be other angles open to you here. You might be able, for example, to suggest that the PO knew of the problems, and failed to rectify them, being in breach of your employment contract. You may be entitled to damages in that case, but without loss, they would be nominal, perhaps £20 or so.

Max Lowry :

Please do remember to rate my answer, and if you need more general information in the future, do just let me know, and I'd be more that happy to try and answer your questions.

Customer:

My 29 year old daughter has schizophrenia. Her treatment is clozapine. Clozapine is very effective. Clozapine requires a monthly neutropenia blood test. If the blood test is neutropenia positive, clozapine stops. My daughter's 22nd May 2013 neutropenia blood test was carried out by a Wimpole Street/Harley Street laboratory - a reputed laboratory (independent second opinion blood test). The NHS Trust pharmacy where my daughter's neutropenia blood test is normally carried out rejected the Wimpole Street/Harley blood test result, and refused to dispense my daughter's clozapine tablets. Without her clozapine tablets my daughter's schizophrenia would relapse and she would be hospitalised. Her schizohrenia is particularly bad. If the NHS pharmacy rejects a future laboratory blood test result, refuses to dispense my daughter's clozapine and leaves her schizophrenia to relapse could I ask the court to order the NHS Trust pharmacy to dispense her clozapine tablets?

Max Lowry and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

How does one apply for an injunction?

Injunctions are applied for by way of an application to the Court using Form N244, together with a witness statement in support of that.

Injunctions are applied for in accordance with Part 25 of the Civil Procedure Rules, which is here for your information: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part25

Hope this helps. And thank you for rating the answer so far.

Max
Max Lowry and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

Are “no win no fee solicitors” not required to update their clients and send copies of documents to their clients?



  1. Clinical negligence case, self representation, transferred from the county court to the National Health Service Litigation Authority (NHSLA).

  2. The NHSLA informed me, by email, that an expert report was available and asked me whether they should send the expert's report directly to me or to the newly appointed solicitor. I asked the NHSLA to send the expert’s report directly to the newly appointed the solicitor.

  3. When I asked the solicitor to send me a copy of the expert's report she said she did not have it because the report was written for NHSLA i.e. for the benefit of the NHSLA alone. Isn't this rather odd?

  4. Shouldn't I see the report? I’m I not entitled to a copy of the report. How are NHSLA cases conducted? What are the procedures?


 

If the Authority has said you can have a copy of the report, then there is no reason your solicitor should be refusing to provide it to you. If the Authority got it wrong, and explained that to your solicitor, then so be it, they can try and withhold it if it's privileged, which it might be if prepared for the purposes of the dispute/litigation.

If they're refusing to provide the report though, that does sound interesting, and I would want to know why they would want to withhold it. Perhaps it says the wrong things for them, and they don't want you, and more especially, the court, to see it.

There is no often no clear reason one way or another - but often, if an experts report is favourable to the disclosing party, they will often provide it quite happily. So I wonder why not here ....!

Max
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Customer: replied 3 years ago.

Can one claim back the cost of a private blood test from the NHS?



  1. The result of my daughter’s NHS blood test, on 22nd May 2013, was neutropenia positive. That meant her medication (Clozapine) must be immediately discontinued. Clozapine controls the devastating symptoms of her chronic schizophrenia very effectively. Clozapine allows her to live a nearly normal life with her parents at home. Without Clozapine she would be permanently hospitalised and institutionalised. Clozapine is a miraculous tool in the care and management of my daughter’s schizophrenia.

  2. Three hours later on the same day i.e. 22nd May 2013, I sought a second opinion blood test at a private laboratory. The result was neutropenia negative. That meant Clozapine could continue and my daughter’s chronic schizophrenia would not relapse and she would not be hospitalised and institutionalised.


 


 

If you can show that your blood test should not have been necessary, and therefore the costs of it wasted, it should be possible to claim this back.

You may have to raise a formal complaint within the NHS system, and failing that, you may need to issue proceedings in the county court.

Max
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Customer: replied 3 years ago.

What is the "particulars of claim" of an N1 CLAIM form?


 


Brief details of claim: An NHS Trust tested my daughter's blood and falsely claimed her Clozapine treatment caused her to develop neutropenia. A private second opinion blood test found that the Trust's neutropenia claim was false i.e. my daughter did not have neutropenia, she was physically perfectly healthy. The private blood test cost me £320. I am claiming back the cost of the private blood test on the grounds that it was an unnecessary payment. I’ve outlined the details of the claim in a 4-page statement. Could I attach the statement to the N1 claim form and leave the particulars-of-claim part of the N1 claim form blank? Could I refer the court to the statement?

The particulars of claim are simply the details of the claim. It is the reason you're bringing the claim.

There is a section on the claim form which is called particulars of claim. It is here that you insert those details.

Max
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Customer: replied 3 years ago.

If the particulars-of-claim space on the N1 claim form is too small to hold my reasons for bringing the claim, could I continue on a piece of paper?

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