Get UK Law Questions Answered by Verified Experts
Hi, welcome to Just Answer. I will help you with your question.
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.
The potential for damage, or harm, is not enough for negligence.
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.
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.
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.
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.
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.
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?
How does one apply for an injunction?
Are “no win no fee solicitors” not required to update their clients and send copies of documents to their clients?
Can one claim back the cost of a private blood test from the NHS?
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?
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?