Nigel Spencer Ley succeeds in a major Fatal Accident Act claim against the NHS Ambulance Trust

Hayes v South East Ambulance Service NHS Foundation Trust [2015] EWHC 0018

Nigel Spencer Ley was successful in a major Fatal Accident Act claim against the NHS Ambulance Trust. Mr Hayes, a barrister’s clerk and father of three sons, had a long history of severe asthma attacks. In December 2008 when he began to suffer such an attack his family called an ambulance. As Mr Hayes was being taken to the ambulance he collapsed, went into respiratory arrest and died. A claim was brought on behalf of his former wife and three sons. It was alleged that the ambulance crew failed to provide appropriate treatment, and in particular failed to administer adrenaline. With such treatment it was the Claimant’s case that Mr Hayes would have survived. Although Mr Hayes and the Claimant were divorced, they had resumed a relationship, and it was the Claimant’s case that they would have remarried.

Every aspect of the claim was disputed by the Defendant: it was denied that the ambulance crew acted negligently, it was denied that the treatment contended for would have saved Mr Hayes, and it was denied that the Claimant and Mr Hayes would have reconciled.

Judgment was delivered in January 2015, after a five day trial in October 2014. The Judge found for the Claimant on all of the issues and awarded damages of about £400,000. The Claimant also received substantial additional awards under Part 36.14 CPR.

Nigel is part of the Personal Injury team.

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Author: Nigel Spencer Ley Farrars (nsley@farrarsbuilding.co.uk)

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