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

Edward Lamb KC quoted in Observer article

Edward Lamb KC was interviewed for an article in the Observer in the context of his extensive experience as a family law practitioner. He commented on the tension between the very private nature of family law cases, and the need for the public to understand…

Anirudh Mandagere acts for the Home Secretary in Judicial Review Proceedings

Anirudh Mandagere is representing the Secretary of State for the Home Department as an interested party in judicial review proceedings. This judicial review concerns whether Article 8 ECHR or the United Nations Convention on the Rights of the Child imposes obligations on public authorities to…

Stuart McKechnie KC co-author of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases (18th ed)

The 18th edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases will be published on 9th April. Stuart McKechnie KC of Deka Chambers is a co-editor of the Guidelines. The Guidelines for the Assessment of General Damages is designed…

© 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.)