Mrs Smith’s daughter was unwell with chicken pox. She gave her aspirin, but she contracted a serious disease. She later learned that the Committee had been previously warned of the complication. The drug was later withdrawn for such cases.
Held: The statute avoided any liability for breach of statutory duty. Was the Secretary liable in negligence? No common law duty was owed in respect of the decisions allegedly negligent, even if there was fault in failing to stick to the original timetable. Such decisions are discretionary/policy and not justiciable. It was appropriate to withhold a warning until those who might implement it were ready. The delay of a month was not negligent.
Judges:
Justice Morland
Citations:
Times 11-Mar-2002
Statutes:
Jurisdiction:
England and Wales
Personal Injury, Health, Negligence
Updated: 28 June 2022; Ref: scu.167623
