On 25 June 2000, Ian was admitted to the Royal Free Hospital as a private patient, under the care of Professor W, for major general surgery. Polyps had been found in the gut and they were to be removed.

Following surgery on 26 June 2000, Ian's condition deteriorated. Professor W went on holiday shortly afterwards, but he had not previously advised Ian that he would be away within a few days of the operation. He left Ian in the care of Mr L, who was dismissive of the family's concerns about his deteriorating health. Ian was also seen by Mr K at this time. In fact, Ian was developing a pulmonary embolus, from which he died on 7 July 2000.

Proceedings were issued on 13 June 2003 in the Central London County Court against Professor W, Mr K and Mr L. Ian's widow claimed damages on behalf of Ian's Estate pursuant to the Law Reform (Miscellaneous Provisions) Act 1934 and on her behalf as Ian's dependant, pursuant to the Fatal Accidents Act 1976. The Claim Form was served in July 2003 and a stay was ordered, following the Claimant's application, until 31 October 2003. A Part 36 offer in the sum of £25,000 was made by the Claimant on 10 July 2003. The Claim settled by Consent on 6 November 2003 in the sum of £25,000.