Sion v Hampstead Health Authority [1994] EWCA Civ 26

Facts:

  • S appealed against the High Court’s decision to strike out his statement of claim for personal injury damages on the grounds that no reasonable cause of action was disclosed.
  • S brought an action against the hospital alleging their negligent treatment of his son caused him to suffer psychiatric injury.

 Ratio:

  • Appeal dismissed.
  • However, even where a statement of claim disclosed no cause of action, the court had discretion to permit the plaintiff to amend it out of time provided that the proposed amendment arose from the facts in the pleading.
  • S was unable to recover for psychiatric harm sustained as a result of watching his son die over a period of 14 days while becoming increasingly aware that the hospital was negligent in its treatment of him.

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