A Practical Guide to the Non-Delegable Duty of Care in Healthcare is published

Publications

20/06/2024

Susanna Bennett has published A Practical Guide to the Non-delegable Duty of Care in Healthcare. This new book is an overview of the law of non-delegable duties of care as they apply to medical care. It is also a source of practical advice and information on how to tackle this issue in medical negligence litigation.  

About the book:

The existence of a non-delegable duty of care has become a key battleground in claims arising from medical care in all different settings.  This is because of the increase in contracting out NHS-funded care to private companies, combined with the limits to vicarious liability for independent contractors, recently vigorously reaffirmed by the Supreme Court.  There are many different factual circumstances in which the existence of a non-delegable duty of care may be disputed during litigation; the resolution of this dispute will often be decisive of liability.

This book is a practical companion for litigators.  It is a short, non-exhaustive introduction to the legal and theoretical underpinnings of, practical purpose for, and guidance on litigating, non-delegable duties in medical care.  It covers the law of non-delegable duties of care, whether arising at common law or under statute; an analysis of the rationale for applying them to medical care; a brief introduction to the organisation of the NHS, outsourcing of care, and indemnity cover; a guide to arguments which can be advanced for and against the existence of a non-delegable duty in a range of likely scenarios; and practical tips on litigating non-delegable duties. 

You can purchase the book directly from the publisher or from Amazon.

Featured Counsel

Susanna Bennett

Call 2017

Latest News & Events

Case summary: John v Jane [2026] EWHC 415 (Fam)

Much of children law involves the exploration of the facts relating to the child’s care and welfare, often coloured by the complex relationship dynamics between the adult protagonists. Occasionally, however, the facts which need to be established can be more fundamental.  In John v Jane…

Special Guardianship at the End of Care Proceedings: Threshold Still Matters

By Laura Hibberd Re E (A Child) (Special Guardianship Order: Public Law Proceedings) [2026] EWCA Civ 1167 Special guardianship orders are often thought of as the “middle ground” of permanence: more secure than a care order, less final than adoption, and with the child’s legal…

Case Summary: Re C (Child Arrangements Orders; Domestic Abuse; Child Focused Court) [2026] EWCA Civ 1216

By Tim Parker KC The President of the Family Division handed down judgment on 29th September 2026 the decision in the first appeal following the introduction of Child-Focused Courts pilot. In Re C (Child Arrangements Orders; Domestic Abuse; Child Focused Court) [2026] EWCA Civ 1216…

© Deka Chambers 2026

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)