R v (1) ERROL CORNISH (2) MAIDSTONE & TUNBRIDGE WELLS NHS TRUST (2016)

15 April 2016

[2016] EWHC 779 (QB)

QBD (Coulson J)

Although corporate manslaughter charges against an NHS trust had been dismissed on the basis of no case to answer, the trust was unsuccessful in seeking to recover its costs incurred in defending the proceedings. Since the testimony of the Crown’s expert, although unconvincing, was not plainly wrong in a way that should have been obvious to the Crown, the decision to prosecute could not be regarded as improper.

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