Where an army doctor was accused of failing to diagnose a serviceman’s ocular cancer, the negligence which caused the consequent injury was caused by the delay in a correct diagnosis, and the treatment fell within the scope of Crown Immunity.
Times 30-Mar-1999, Gazette 21-Apr-1999,  EWCA Civ 1016,  PIQR P204
Crown Proceedings Act 1947 10
England and Wales
Appeal from – Derry v Ministry of Defence QBD 8-Jun-1998
A military doctor has exemption under Crown Immunity, from liability from his failure to diagnose and treat ocular cancer properly, and the exemption applied even though the medical condition pre-existed the treatment. The cause of action lay in the . .
Cited – Matthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
These lists may be incomplete.
Updated: 19 May 2021; Ref: scu.145931