Centre for Commercial Law Studies

The troubling case of Justyna

23 May 2019

Valerie Eliot Smith, Visiting Scholar at the Centre for Commercial Law Studies, published a blog for the Transparency Project on anonymity and vulnerable victims in medical/legal litigation.

She writes about the case of Justyna Zeromska-Smith v United Lincolnshire Hospital Trust. ”The case of Justyna appears to be an example of a failure to apply that proportionality test, a failure which must have caused immense suffering to the individuals involved. A different result would have been justifiable and desirable. It would also have greatly reduced the inevitable extreme distress experienced by Justyna and her family. For whatever reason, the decision is not being appealed. Nevertheless, the damage it has caused can never be undone and its reasoning will now remain unchallenged in a higher court.”

Read the blog post.