D v East Berkshire NHS Trust [2003] EWCA Civ 1151

Facts

  • Three cases involved accusations of abusing a child, made against a parent, by the professionals concerned for the child’s
  • The accusations proved to be unfounded and in each case a parent claimed damages for psychiatric harm alleged to have been caused by the false accusations or their consequences

Key part of EWCA judgement

  • It was a fundamental principle of the common law that in tailoring the law of negligence to new factual situations the courts would not recognise a duty of care unless it was fair, just and reasonable that such a duty should exist
  • Following Z v UK, the determination as a preliminary issue of whether the test of what was fair, just and reasonable, applied with the required respect for case law precedent did not violate article 6 of the Convention