Hogg v Hamilton and Another

(1993) 4 Med LR 369

COURT OF APPEAL

Lord Justice PURCHAS, Lord Justice MANN, and Sir Michael KERR

Appeal — Striking out — Inherent jurisdiction of court — Whether appeal judge erred in dismissing appeal against order of registrar dismissing claim against health authority and anaesthetist for abuse of process — Negligence — Anaesthetist — Plaintiff suffering post — operative cardiac arrest which caused brain damage in 1976 — Claim dismissed in 1982 following instruction of three firms of solicitors — Whether plaintiff's action should be dismissed as abuse of process