Question One

Claudia is a fashion model who is worried about her aging appearance. Claudia visited her local herbalist, Mr Magic, who recommended a new face cream that 'melted the years away'. The active ingredient in the cream was Glowine, which has antiseptic properties. It is important not to exceed the dosage of cream treatments (and Mr Magic specifically emphasised this to Claudia before she left the shop, clutching what she called her 'wonder lotion'). However, keen to see fast results, Claudia applied the cream three times a day instead of once a day. Her face became intensely inflamed.

Claudia visited her GP, who immediately diagnosed skin damage caused by Glowine, and referred Claudia to a skin specialist at Sunset Hospital. Whilst at the hospital, Claudia began chatting with Nurse Eve at the nurses' station, which is usually out of bounds for patients. After finishing their conversation, Claudia washed

her hands in a basin near the nurses' station, and splashed some liquid from the dispenser above the basin and patted it on her face, believing it to be soap. Claudia immediately experienced a burning sensation. Nurse Eve quickly urged Claudia to wash the liquid off her face, telling her that the dispenser contained a bleach-based cleaning product. The soap dispenser was at least a foot further away from the basin. Nurse Eve later explained that 'all of us staff know that, because it is only staff who use this basin'.

Within a few days, large blisters had formed on Claudia's face. It is medically known that Glowine can cause blistering for some patients, with the risk being 2%. Mr Magic had not warned Claudia of that risk. However, the strong cleaning product used at Sunset Hospital can also cause skin blistering when it comes into contact with skin. It is impossible to say, on the balance of probabilities, what caused Claudia's blistering.

Claudia suffered from considerable facial disfigurement as a result of the blistering and inflammation of her skin. Unable to come to terms with the realisation that her career was over and that she was irremediably scarred, Claudia also developed a personality disorder.

Meanwhile, Claudia's boyfriend, David, attacked and seriously injured Claudia's mother, Georgia, who had encouraged Claudia to break up with him. Georgia did not believe that David was good enough for her daughter. Georgia had received several anonymous written threats during the months leading up to the attack. She informed the police and had identified David as the anonymous letter writer. The police took no action against David because they assumed that the anonymous letters had been sent by a character known in the neighbourhood as the Nasty Pen. Nasty Pen had been arrested (and released on bail) three months before Georgia was attacked after sending similarly-worded threats to other women in the neighbourhood.

Advise the parties as to any actions they may have in common law negligence using IRAC formatting and use relevant uk case laws and other resources to back your claim