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Benjamin Browne KC and Finn Callow successful in Trinidad and Tobago clinical negligence appeal before the Privy Council

Posted: 28/08/2026

Balwah v Surgi-Med and Abdulla [2026] UKPC 31

This judgment provides the conclusion to this case after more than ten years of litigation.

The case concerns allegations of clinical negligence against a private hospital (Surgi-Med) and a private medical practitioner (Dr Abdulla) in Trinidad.

Dr Abdulla was the treating obstetrician of the claimant and his mother. Following birth, the claimant developed cerebral palsy. It was alleged that this was caused by Dr Abdulla and Surgi-Med’s negligence.

The key question at trial centred on the timing of the arrival of Dr Abdulla at Surgi-Med’s clinic on the morning of the claimant’s birth. A narrow half an hour difference in this timing was critical in understanding whether the claimant could have developed an injury resulting in cerebral palsy as a result of the defendants’ alleged negligence.

At trial, Ramcharan J resolved this factual question as to the timing of arrival in Surgi-Med and Dr Abdulla’s favour, leading to a conclusion that any breaches of duty could not have been causative of the claimant’s cerebral palsy, such that the claims against each of the defendants were dismissed.

The Court of Appeal reversed this finding of fact, substituting its own finding as to Dr Abdulla’s arrival time and made a finding of negligence against him, but maintained that any breach of duty by Surgi-Med was not causative of damage.

Before the Board, the claimant argued that the arrival time as found by the Court of Appeal should be upheld and a finding of negligence should also apply to Surgi-Med.

Following a two-day hearing in July, the Board restored the decision of Ramcharan J, dismissing the appeal against Surgi-Med and allowing Dr Abdulla’s appeal against the Court of Appeal’s decision.

The Judgment includes various important statements on the proper degree of judicial deference to be applied by an appellate court and the extent to which parties can derogate from their pleaded case at trial.

Benjamin Browne KC and Finn Callow appeared for Surgi-Med Clinic Co Ltd, instructed by Harrikissoon and Company, San Fernando, Trinidad.

The judgment can be found here.

Authors

Benjamin Browne KC

Call: 1976 Silk: 1996

Finn Callow

Call: 2024

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