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The Judicial Committee of the Privy Council
Judgment
28 August 2026
Aeden Balwah (by Shelly-Ann Balwah, his Mother and Next Friend) (Appellant) v Surgi-Med Clinic Co. Limited and another (Respondents) No 2 (Trinidad & Tobago)
Lord Lloyd-Jones,
Lord Leggatt,
Lord Stephens,
Lord Doherty,
Lady Wise
These appeals concern allegations of clinical negligence following Aeden’s birth. The issues raised for the JCPC’s consideration all concern findings of fact in relation to the cause of Aeden’s cerebral palsy. In Dr Abdulla’s appeal (JCPC/2025/0063), and in Surgi-Med Clinic Co Ltd’s cross-appeal (JCPC/2025/0065/A) (1) Was the Court of Appeal wrong to reverse the High Court’s finding of fact as to the timing of Dr Abdulla’s arrival? (2) Was the Court of Appeal wrong to find that causation was inevitably proved against Dr Abdulla, if it was proved that he arrived at 4am? In Aeden Balwah’s appeal (JCPC/2025/0065) (1) Was the Court of Appeal wrong to uphold the High Court’s finding that it had not been proved that Surgi-Med Clinic Co Ltd’s breach of duty caused Aeden Balwah’s cerebral palsy?
Linked cases
JCPC/2025/0063 Aeden Balwah (by Shelly-Ann Balwah, his mother and next friend) and another (Respondents) v Marwan Ahmad Alsayed Abdulla (Appellant) (Trinidad & Tobago)
Legal Issue
JCPC/2025/0065/A Aeden Balwah (by Shelly-Ann Balwah, his Mother and Next Friend) (Respondent) v Surgi-Med Clinic Co. Limited (Appellant) (Trinidad and Tobago)
Cross Appeal
The Judicial Committee of the Privy Council
Judgment
28 August 2026
Aeden Balwah (by Shelly-Ann Balwah, his Mother and Next Friend) (Respondent) v Surgi-Med Clinic Co. Limited (Appellant) (Trinidad and Tobago)
Lord Lloyd-Jones,
Lord Leggatt,
Lord Stephens,
Lord Doherty,
Lady Wise
These appeals concern allegations of clinical negligence following Aeden’s birth. The issues raised for the JCPC’s consideration all concern findings of fact in relation to the cause of Aeden’s cerebral palsy. In Dr Abdulla’s appeal (JCPC/2025/0063), and in Surgi-Med Clinic Co Ltd’s cross-appeal (JCPC/2025/0065/A) (1) Was the Court of Appeal wrong to reverse the High Court’s finding of fact as to the timing of Dr Abdulla’s arrival? (2) Was the Court of Appeal wrong to find that causation was inevitably proved against Dr Abdulla, if it was proved that he arrived at 4am? In Aeden Balwah’s appeal (JCPC/2025/0065) (1) Was the Court of Appeal wrong to uphold the High Court’s finding that it had not been proved that Surgi-Med Clinic Co Ltd’s breach of duty caused Aeden Balwah’s cerebral palsy?
Linked cases
JCPC/2025/0065 Aeden Balwah (by Shelly-Ann Balwah, his Mother and Next Friend) (Appellant) v Surgi-Med Clinic Co. Limited and another (Respondents) No 2 (Trinidad & Tobago)
Cross Appeal
The Judicial Committee of the Privy Council
Judgment
28 August 2026
Aeden Balwah (by Shelly-Ann Balwah, his mother and next friend) and another (Respondents) v Marwan Ahmad Alsayed Abdulla (Appellant) (Trinidad & Tobago)
Lord Lloyd-Jones,
Lord Leggatt,
Lord Stephens,
Lord Doherty,
Lady Wise
These appeals concern allegations of clinical negligence following Aeden’s birth. The issues raised for the JCPC’s consideration all concern findings of fact in relation to the cause of Aeden’s cerebral palsy. In Dr Abdulla’s appeal (JCPC/2025/0063), and in Surgi-Med Clinic Co Ltd’s cross-appeal (JCPC/2025/0065/A) (1) Was the Court of Appeal wrong to reverse the High Court’s finding of fact as to the timing of Dr Abdulla’s arrival? (2) Was the Court of Appeal wrong to find that causation was inevitably proved against Dr Abdulla, if it was proved that he arrived at 4am? In Aeden Balwah’s appeal (JCPC/2025/0065) (1) Was the Court of Appeal wrong to uphold the High Court’s finding that it had not been proved that Surgi-Med Clinic Co Ltd’s breach of duty caused Aeden Balwah’s cerebral palsy?
Linked cases
JCPC/2025/0065 Aeden Balwah (by Shelly-Ann Balwah, his Mother and Next Friend) (Appellant) v Surgi-Med Clinic Co. Limited and another (Respondents) No 2 (Trinidad & Tobago)
Legal Issue
UK Supreme Court
Hearing
4 November 2026
R (on the application of Ammori) (Appellant) v Secretary of State for the Home Department (Respondent)
Was the decision of the Secretary of State for the Home Department to proscribe Palestine Action under section 3 of the Terrorism Act 2000 lawful?
UK Supreme Court
Hearing
12 January 2027
Townsend (Appellant) v Epsom and St Helier University Hospitals NHS Trust (Respondent)
Is there an obligation on an NHS commissioning body to apply to the Court of Protection to resolve disputes about medical treatment (including life-sustaining treatment) where the treatment sought on behalf of an incapacitated patient is not being offered by the patient’s treating clinicians because they have concluded that such treatment is clinically inappropriate? Was the Court of Appeal wrong not to order interim relief under section 48 Mental Capacity Act 2005?
Linked cases
UKSC/2026/0044 Townsend (Respondent) v Epsom and St Helier University Hospitals NHS Trust (Appellant)
Legal Issue