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Annotation 1362521885964

#breach #negligence #tort

... in considering what a reasonable person would realise or would do in a particular situation we must have regard to human nature as we know it, and, if one thinks that in a particular situation the great majority of people would have behaved in one way, it would not be right to say that a reasonable man would or should have behaved in a different way. A ‘reasonable man’ does not mean a paragon of circumspection. (per Lord Reid in AC Billings & Sons Ltd v Riden [1958] AC 240)

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#contract #law #terms

Question

Where a term of a contract is particularly onerous or unusual, and would not be generally known to the other party, the party seeking to enforce that term has to show that it has been fairly and reasonably brought to the attention of the other party: [case]

Answer

Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd

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rm of a contract is particularly onerous or unusual, and would not be generally known to the other party, the party seeking to enforce that term has to show that it has been fairly and reasonably brought to the attention of the other party: Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd<body><html>

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#law #negligence #nervous-shock #tort

Question

A more recent example of a primary victim is the claimant in [case]. The claimant was involved in a car crash caused by the defendant’s negligence. While the claimant suffered no physical injury, the psychological effect of the car crash worsened his ME (Myalgic Encephalopathy) condition so as to render him permanently disabled. He was a primary victim because his condition arose from reasonable fear for his own physical safety.

Answer

Page v Smith [1996] 1 AC 155

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A more recent example of a primary victim is the claimant in Page v Smith [1996] 1 AC 155. The claimant was involved in a car crash caused by the defendant’s negligence. While the claimant suffered no physical injury, the psychological effect of the car crash worsened his

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#law #negligence #tort

Question

A more recent example of a primary victim is the claimant in Page v Smith [1996] 1 AC 155. The claimant was involved in a car crash caused by the defendant’s negligence. While the claimant suffered no physical injury, the psychological effect of the car crash worsened his ME (Myalgic Encephalopathy) condition so as to render him permanently disabled. He was a primary victim because [...].

Answer

his condition arose from reasonable fear for his own physical safety

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defendant’s negligence. While the claimant suffered no physical injury, the psychological effect of the car crash worsened his ME (Myalgic Encephalopathy) condition so as to render him permanently disabled. He was a primary victim because his condition arose from reasonable fear for his own physical safety.<body><html>

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#law #negligence #tort

Question

Page v Smith [1996] 1 AC 155

Answer

The claimant was involved in a car crash caused by the defendant’s negligence. While the claimant suffered no physical injury, the psychological effect of the car crash worsened his ME (Myalgic Encephalopathy) condition so as to render him permanently disabled. He was a primary victim because his condition arose from reasonable fear for his own physical safety.

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#law #negligence #tort

Question

In Page v Smith the defendant had admitted negligent driving, but had argued that the psychiatric damage suffered (ME) was not foreseeable and therefore no duty of care was owed in respect of it. The House of Lords disagreed. They held that [...]. There was no need to foresee psychiatric damage. As primary victims are within the danger zone or reasonably fear for their own safety, it is likely that in most cases the defendant should have foreseen physical injury to the claimant.

Answer

in the case of primary victims if physical injury is foreseeable to a particular claimant then that would be sufficient to enable the claimant to recover damages for nervous shock even though he had not been physically hurt

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Page v Smith the defendant had admitted negligent driving, but had argued that the psychiatric damage suffered (ME) was not foreseeable and therefore no duty of care was owed in respect of it. The House of Lords disagreed. They held that in the case of primary victims if physical injury is foreseeable to a particular claimant then that would be sufficient to enable the claimant to recover damages for nervous shock even though he had not been physically hurt. There was no need to foresee psychiatric damage. As primary victims are within the danger zone or reasonably fear for their own safety, it is likely that in most cases the defendant

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#law #negligence #tort

Question

Various examples and definitions have been given of nervous shock, including ‘[...]’ (Lord Denning in Hinz v Berry [1970] 2 QB 40), and ‘a positive psychiatric illness’ (Lord Bridge in McLoughlin v O’Brian [1983] 1 AC 410 and Lord Oliver in Alcock v Chief Constable of South Yorkshire Police [1991] 4 All ER 907). A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a miscarriage (see Bourhill v Young [1943] AC 92), or a heart attack.

Answer

depression

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Question

Various examples and definitions have been given of nervous shock, including ‘depression’ (Lord Denning in [case]), and ‘a positive psychiatric illness’ (Lord Bridge in McLoughlin v O’Brian [1983] 1 AC 410 and Lord Oliver in Alcock v Chief Constable of South Yorkshire Police [1991] 4 All ER 907). A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a miscarriage (see Bourhill v Young [1943] AC 92), or a heart attack.

Answer

Hinz v Berry [1970] 2 QB 40

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Various examples and definitions have been given of nervous shock, including ‘depression’ (Lord Denning in Hinz v Berry [1970] 2 QB 40), and ‘a positive psychiatric illness’ (Lord Bridge in McLoughlin v O’Brian [1983] 1 AC 410 and Lord Oliver in Alcock v Chief Constable of South Yorkshire Police [1991] 4 All ER 907)

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Question

Various examples and definitions have been given of nervous shock, including ‘depression’ (Lord Denning in Hinz v Berry [1970] 2 QB 40), and ‘[...]’ (Lord Bridge in McLoughlin v O’Brian [1983] 1 AC 410 and Lord Oliver in Alcock v Chief Constable of South Yorkshire Police [1991] 4 All ER 907). A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a miscarriage (see Bourhill v Young [1943] AC 92), or a heart attack.

Answer

a positive psychiatric illness

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#law #negligence #tort

Question

Various examples and definitions have been given of nervous shock, including ‘depression’ (Lord Denning in Hinz v Berry [1970] 2 QB 40), and ‘a positive psychiatric illness’ (Lord Bridge in [case] and Lord Oliver in Alcock v Chief Constable of South Yorkshire Police [1991] 4 All ER 907). A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a miscarriage (see Bourhill v Young [1943] AC 92), or a heart attack.

Answer

McLoughlin v O’Brian [1983] 1 AC 410

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Question

Various examples and definitions have been given of nervous shock, including ‘depression’ (Lord Denning in Hinz v Berry [1970] 2 QB 40), and ‘a positive psychiatric illness’ (Lord Bridge in McLoughlin v O’Brian [1983] 1 AC 410 and Lord Oliver in [case]). A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a miscarriage (see Bourhill v Young [1943] AC 92), or a heart attack.

Answer

Alcock v Chief Constable of South Yorkshire Police [1991] 4 All ER 907

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examples and definitions have been given of nervous shock, including ‘depression’ (Lord Denning in Hinz v Berry [1970] 2 QB 40), and ‘a positive psychiatric illness’ (Lord Bridge in McLoughlin v O’Brian [1983] 1 AC 410 and Lord Oliver in Alcock v Chief Constable of South Yorkshire Police [1991] 4 All ER 907). A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a miscarriage (see Bourhill v

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#law #negligence #tort

Question

A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a [...] (see Bourhill v Young [1943] AC 92), or a heart attack.

Answer

miscarriage

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A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a miscarriage (see Bourhill v Young [1943] AC 92), or a heart attack.

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Question

A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a miscarriage (see [case]), or a heart attack.

Answer

Bourhill v Young [1943] AC 92

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Question

A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a miscarriage (see Bourhill v Young [1943] AC 92), or a [...].

Answer

heart attack

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html>A physical illness, sustained after the event in question, and resulting from nervous shock may also form the subject of a claim. Examples of this are a miscarriage (see Bourhill v Young [1943] AC 92), or a heart attack.<html>

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Question

a case in which the claimant’s injuries, both psychological and physical, were not considered material, see [case].

Answer

Mazhar Hussain v Chief Constable of West Mercia [2008] EWCA Civ 1205

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a case in which the claimant’s injuries, both psychological and physical, were not considered material, see Mazhar Hussain v Chief Constable of West Mercia [2008] EWCA Civ 1205.

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Question

the House of Lords nevertheless adopted and approved the McLoughlin criteria in the decision of [case] which is now the leading case in this area with regards to secondary victims. The criteria to be taken into account when considering whether a duty of care is owed include:
1. whether the claimant has suffered a recognised psychiatric illness;
2. foreseeability of the psychiatric damage;
3. the relationship between the claimant and ‘the victim’;
4. proximity in time and space; and
5. manner of perception.
In addition, as an overarching consideration, the court will always take into account whether it is fair, just and reasonable for a duty to be imposed.

Answer

Alcock v Chief Constable of South Yorkshire [1991] 4 All ER 907

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the House of Lords nevertheless adopted and approved the McLoughlin criteria in the decision of Alcock v Chief Constable of South Yorkshire [1991] 4 All ER 907 which is now the leading case in this area with regards to secondary victims. The criteria to be taken into account when considering whether a duty of care is owed include: 1. wheth

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#law #negligence #tort

Question

primary victims need only establish that [...]. In contrast, secondary victims must establish that psychiatric harm specifically was reasonably foreseeable.

Answer

physical harm to the claimant was reasonably foreseeable

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primary victims need only establish that physical harm to the claimant was reasonably foreseeable. In contrast, secondary victims must establish that psychiatric harm specifically was reasonably foreseeable.

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Question

primary victims need only establish that physical harm to the claimant was reasonably foreseeable. In contrast, secondary victims must establish that [...].

Answer

psychiatric harm specifically was reasonably foreseeable

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Question

In [case] Lord Macmillan observed that injury by psychiatric damage is more subtle than physical harm. In this case the defendant was a motorcyclist who crashed and killed himself by his own negligence. The claimant, who was pregnant, did not see the crash but heard it and later saw some blood on the road. She suffered nervous shock as a result and subsequently miscarried her child. It was held that no duty of care was owed to the claimant. Whilst it was foreseeable that the defendant might physically harm other road users with his negligent driving, it was not foreseeable that someone in the claimant’s position would suffer nervous shock.

Answer

Bourhill v Young [1943] AC 92

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In Bourhill v Young [1943] AC 92 Lord Macmillan observed that injury by psychiatric damage is more subtle than physical harm. In this case the defendant was a motorcyclist who crashed and killed himself by his own neg

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Question

In Bourhill v Young [1943] AC 92 Lord Macmillan observed that [...]. In this case the defendant was a motorcyclist who crashed and killed himself by his own negligence. The claimant, who was pregnant, did not see the crash but heard it and later saw some blood on the road. She suffered nervous shock as a result and subsequently miscarried her child. It was held that no duty of care was owed to the claimant. Whilst it was foreseeable that the defendant might physically harm other road users with his negligent driving, it was not foreseeable that someone in the claimant’s position would suffer nervous shock.

Answer

injury by psychiatric damage is more subtle than physical harm

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Question

In Bourhill v Young [1943] AC 92 Lord Macmillan observed that injury by psychiatric damage is more subtle than physical harm. In this case the defendant was a motorcyclist who crashed and killed himself by his own negligence. The claimant, who was pregnant, did not see the crash but heard it and later saw some blood on the road. She suffered nervous shock as a result and subsequently miscarried her child. It was held that [...]. Whilst it was foreseeable that the defendant might physically harm other road users with his negligent driving, it was not foreseeable that someone in the claimant’s position would suffer nervous shock.

Answer

no duty of care was owed to the claimant

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d killed himself by his own negligence. The claimant, who was pregnant, did not see the crash but heard it and later saw some blood on the road. She suffered nervous shock as a result and subsequently miscarried her child. It was held that no duty of care was owed to the claimant. Whilst it was foreseeable that the defendant might physically harm other road users with his negligent driving, it was not foreseeable that someone in the claimant’s position would s

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Question

The courts have generally taken the view that the claimant must possess the [...].

Answer

‘customary phlegm’ of the reasonable man and be able to withstand witnessing accidents to strangers

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The courts have generally taken the view that the claimant must possess the ‘customary phlegm’ of the reasonable man and be able to withstand witnessing accidents to strangers.

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Question

However, there may be some extreme occasions when a stranger may be able to claim. In essence, the House of Lords in [case] thought that recovery might be possible if the accident or incident was particularly horrific, although this was denied in McFarlane v EE Caledonia Ltd [1994] 2 All ER 1. It is significant that the incidents in both Alcock and McFarlane themselves were particularly horrific and yet none of the claimants succeeded.

Answer

Alcock

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However, there may be some extreme occasions when a stranger may be able to claim. In essence, the House of Lords in Alcock thought that recovery might be possible if the accident or incident was particularly horrific, although this was denied in McFarlane v EE Caledonia Ltd [1994] 2 All ER 1. It is signif

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Question

However, there may be some extreme occasions when a stranger may be able to claim. In essence, the House of Lords in Alcock thought that recovery might be possible if [...], although this was denied in McFarlane v EE Caledonia Ltd [1994] 2 All ER 1. It is significant that the incidents in both Alcock and McFarlane themselves were particularly horrific and yet none of the claimants succeeded.

Answer

the accident or incident was particularly horrific

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However, there may be some extreme occasions when a stranger may be able to claim. In essence, the House of Lords in Alcock thought that recovery might be possible if the accident or incident was particularly horrific, although this was denied in [case]. It is significant that the incidents in both Alcock and McFarlane themselves were particularly horrific and yet none of the claimants succeeded.

Answer

McFarlane v EE Caledonia Ltd [1994] 2 All ER 1

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ver, there may be some extreme occasions when a stranger may be able to claim. In essence, the House of Lords in Alcock thought that recovery might be possible if the accident or incident was particularly horrific, although this was denied in McFarlane v EE Caledonia Ltd [1994] 2 All ER 1. It is significant that the incidents in both Alcock and McFarlane themselves were particularly horrific and yet none of the claimants succeeded.<body><html>

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Question

In [case], Lord Wilberforce spoke of the need for the claimant to be present at the scene, or to come to the immediate aftermath of the accident. As he stated, Mrs McLoughlin was ‘part of the catastrophe itself for none of the victims had been cleaned up or attended to.’

Answer

McLoughlin

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In McLoughlin, Lord Wilberforce spoke of the need for the claimant to be present at the scene, or to come to the immediate aftermath of the accident. As he stated, Mrs McLoughlin was ‘part of the c

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Question

In McLoughlin, Lord Wilberforce spoke of the need for [...]. As he stated, Mrs McLoughlin was ‘part of the catastrophe itself for none of the victims had been cleaned up or attended to.’

Answer

the claimant to be present at the scene, or to come to the immediate aftermath of the accident

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Question

In McLoughlin, Lord Wilberforce spoke of the need for the claimant to be present at the scene, or to come to the immediate aftermath of the accident. As he stated, Mrs McLoughlin was ‘part of the catastrophe itself for [...].’

Answer

none of the victims had been cleaned up or attended to

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ead>In McLoughlin, Lord Wilberforce spoke of the need for the claimant to be present at the scene, or to come to the immediate aftermath of the accident. As he stated, Mrs McLoughlin was ‘part of the catastrophe itself for none of the victims had been cleaned up or attended to.’<html>

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Question

In [case] the claimant’s mother was injured at work due to the negligence of the defendant employer, and was making a good recovery when she unexpectedly collapsed and died at home three weeks after the accident. The claimant witnessed her mother’s death but not the initial accident. This did not satisfy the requirement of witnessing the accident or its immediate aftermath.

Answer

Taylor v A Novo Ltd [2013] EWCA Civ 194

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In Taylor v A Novo Ltd [2013] EWCA Civ 194 the claimant’s mother was injured at work due to the negligence of the defendant employer, and was making a good recovery when she unexpectedly collapsed and died at home three weeks

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Question

In Taylor v A Novo Ltd [2013] EWCA Civ 194 the claimant’s mother was injured at work due to the negligence of the defendant employer, and was making a good recovery when she unexpectedly collapsed and died at home three weeks after the accident. The claimant witnessed her mother’s death but not the initial accident. [Outcome].

Answer

This did not satisfy the requirement of witnessing the accident or its immediate aftermath

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t work due to the negligence of the defendant employer, and was making a good recovery when she unexpectedly collapsed and died at home three weeks after the accident. The claimant witnessed her mother’s death but not the initial accident. This did not satisfy the requirement of witnessing the accident or its immediate aftermath.<body><html>

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Question

One of the grounds upon which the claim in Alcock failed was that [...].

Answer

one of the claimants did not see their relative until some nine hours later (compared with the two hours in McLoughlin) and then they were identifying bodies in a mortuary

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One of the grounds upon which the claim in Alcock failed was that one of the claimants did not see their relative until some nine hours later (compared with the two hours in McLoughlin) and then they were identifying bodies in a mortuary.

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Question

In Alcock this situation actually arose as some of the claimants witnessed the disaster on live TV, while others saw news reports throughout the day. The House of Lords held that [...]. Even though the defendants knew of the broadcast, TV companies have guidelines that prevent the transmission of the suffering and death of identifiable individuals. This was sufficient to ensure that the defendants would not be liable.

Answer

there was no duty of care owed by the defendants to the viewers of TV

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In Alcock this situation actually arose as some of the claimants witnessed the disaster on live TV, while others saw news reports throughout the day. The House of Lords held that there was no duty of care owed by the defendants to the viewers of TV. Even though the defendants knew of the broadcast, TV companies have guidelines that prevent the transmission of the suffering and death of identifiable individuals. This was sufficie

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Question

It is not enough that the claimant witnesses the events through their own unaided senses. Their condition must also be proved to be ‘[...]’ (Alcock), rather than a gradual realisation of what has happened.

Answer

a reaction to the immediate and horrifying impact

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It is not enough that the claimant witnesses the events through their own unaided senses. Their condition must also be proved to be ‘a reaction to the immediate and horrifying impact’ (Alcock), rather than a gradual realisation of what has happened.

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It is not enough that the claimant witnesses the events through their own unaided senses. Their condition must also be proved to be ‘a reaction to the immediate and horrifying impact’ ([case]), rather than a gradual realisation of what has happened.

Answer

Alcock

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In [case] the claimant suffered psychiatric illness after negligent medical treatment led to the death of her 10 month-old baby. The Court of Appeal held that although the events leading to the claimant’s psychiatric condition took place over 36 hours, the series of events leading to the death could together constitute a ‘horrifying event’ , including witnessing the medical negligence. They also confirmed the trial judge’s ruling that the claimant’s appreciation of events was ‘sudden’ because each separate event had an immediate impact.

Answer

North Glamorgan NHS Trust v Walters [2002] EWCA Civ 1792

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In North Glamorgan NHS Trust v Walters [2002] EWCA Civ 1792 the claimant suffered psychiatric illness after negligent medical treatment led to the death of her 10 month-old baby. The Court of Appeal held that although the events leading to the

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In North Glamorgan NHS Trust v Walters [2002] EWCA Civ 1792 the claimant suffered psychiatric illness after negligent medical treatment led to the death of her 10 month-old baby. The Court of Appeal held that although the events leading to the claimant’s psychiatric condition took place over [...], the series of events leading to the death could together constitute a ‘horrifying event’ , including witnessing the medical negligence. They also confirmed the trial judge’s ruling that the claimant’s appreciation of events was ‘sudden’ because each separate event had an immediate impact.

Answer

36 hours

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v 1792 the claimant suffered psychiatric illness after negligent medical treatment led to the death of her 10 month-old baby. The Court of Appeal held that although the events leading to the claimant’s psychiatric condition took place over 36 hours, the series of events leading to the death could together constitute a ‘horrifying event’ , including witnessing the medical negligence. They also confirmed the trial judge’s ruling t

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In North Glamorgan NHS Trust v Walters [2002] EWCA Civ 1792 the claimant suffered psychiatric illness after negligent medical treatment led to the death of her 10 month-old baby. The Court of Appeal held that although the events leading to the claimant’s psychiatric condition took place over 36 hours, [...] , including witnessing the medical negligence. They also confirmed the trial judge’s ruling that the claimant’s appreciation of events was ‘sudden’ because each separate event had an immediate impact.

Answer

the series of events leading to the death could together constitute a ‘horrifying event’

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claimant suffered psychiatric illness after negligent medical treatment led to the death of her 10 month-old baby. The Court of Appeal held that although the events leading to the claimant’s psychiatric condition took place over 36 hours, the series of events leading to the death could together constitute a ‘horrifying event’ , including witnessing the medical negligence. They also confirmed the trial judge’s ruling that the claimant’s appreciation of events was ‘sudden’ because each separate event had an i

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In North Glamorgan NHS Trust v Walters [2002] EWCA Civ 1792 the claimant suffered psychiatric illness after negligent medical treatment led to the death of her 10 month-old baby. The Court of Appeal held that although the events leading to the claimant’s psychiatric condition took place over 36 hours, the series of events leading to the death could together constitute a ‘horrifying event’ , including witnessing the medical negligence. They also confirmed the trial judge’s ruling that the claimant’s appreciation of events was ‘sudden’ because [...]

Answer

each separate event had an immediate impact.

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eries of events leading to the death could together constitute a ‘horrifying event’ , including witnessing the medical negligence. They also confirmed the trial judge’s ruling that the claimant’s appreciation of events was ‘sudden’ because each separate event had an immediate impact. <body><html>

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In [...] the defendants negligently cut off power to the plaintiff’s factory ruining some melts that were being processed. The damaged metal was physical damage and, therefore, the loss was recoverable. In addition, the metal would have been sold at a profit and the loss of profit on that particular damaged metal was also recoverable as consequential economic loss.

Answer

Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27

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In Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27 the defendants negligently cut off power to the plaintiff’s factory ruining some melts that were being processed. The damaged metal was physical damage and, therefore, the loss was re

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In Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27 the defendants negligently cut off power to the plaintiff’s factory ruining some melts that were being processed. The damaged metal was physical damage and, therefore, [...]. In addition, the metal would have been sold at a profit and the loss of profit on that particular damaged metal was also recoverable as consequential economic loss.

Answer

the loss was recoverable

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teel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27 the defendants negligently cut off power to the plaintiff’s factory ruining some melts that were being processed. The damaged metal was physical damage and, therefore, the loss was recoverable. In addition, the metal would have been sold at a profit and the loss of profit on that particular damaged metal was also recoverable as consequential economic loss.</bod

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In Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27 the defendants negligently cut off power to the plaintiff’s factory ruining some melts that were being processed. The damaged metal was physical damage and, therefore, the loss was recoverable. In addition, the metal [...].

Answer

would have been sold at a profit and the loss of profit on that particular damaged metal was also recoverable as consequential economic loss

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rs) Ltd [1973] 1 QB 27 the defendants negligently cut off power to the plaintiff’s factory ruining some melts that were being processed. The damaged metal was physical damage and, therefore, the loss was recoverable. In addition, the metal would have been sold at a profit and the loss of profit on that particular damaged metal was also recoverable as consequential economic loss.<body><html>

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At the boundary of consequential economic loss, the claimant in [case] was the owner of a bridge damaged when it was hit by a lorry due to the defendant’s negligent driving. The claimant, Network Rail, was obliged to compensate train operating companies who were unable to operate a service until the bridge was repaired, and sought to recover this cost from the defendant. This was recoverable but lay at the outer fringe of recoverability.

Answer

Conarken Group Ltd v Network Rail Infrastructure Ltd [2011] EWCA Civ 644

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At the boundary of consequential economic loss, the claimant in Conarken Group Ltd v Network Rail Infrastructure Ltd [2011] EWCA Civ 644 was the owner of a bridge damaged when it was hit by a lorry due to the defendant’s negligent driving. The claimant, Network Rail, was obliged to compensate train operating companies w

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At the boundary of consequential economic loss, the claimant in Conarken Group Ltd v Network Rail Infrastructure Ltd [2011] EWCA Civ 644 was the owner of a bridge damaged when it was hit by a lorry due to the defendant’s negligent driving. The claimant, Network Rail, was obliged to compensate train operating companies who were unable to operate a service until the bridge was repaired, and sought to recover this cost from the defendant. [outcome].

Answer

This was recoverable but lay at the outer fringe of recoverability

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ue to the defendant’s negligent driving. The claimant, Network Rail, was obliged to compensate train operating companies who were unable to operate a service until the bridge was repaired, and sought to recover this cost from the defendant. This was recoverable but lay at the outer fringe of recoverability.<body><html>

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If [...] then their loss will be pure economic loss. This might arise, for example, where the claimant has made a bad investment, missed a contractual opportunity or lost an inheritance.

Answer

the claimant has suffered no physical damage to their person or property

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If the claimant has suffered no physical damage to their person or property then their loss will be pure economic loss. This might arise, for example, where the claimant has made a bad investment, missed a contractual opportunity or lost an inheritance.

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If the claimant has suffered no physical damage to their person or property then their loss will be [...]. This might arise, for example, where the claimant has made a bad investment, missed a contractual opportunity or lost an inheritance.

Answer

pure economic loss

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Though Junior Books has not been overruled in subsequent cases, it has on numerous occasions been distinguished and is now regarded as a decision unique upon its own facts. A clear illustration of this can be seen in [case] in which a claim for damage to property (i.e. dead lobsters) was allowed but not for a defect in a product (i.e. faulty pumps).

Answer

Muirhead v Industrial Tank Specialities Ltd [1986] QB 507

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/head>Though Junior Books has not been overruled in subsequent cases, it has on numerous occasions been distinguished and is now regarded as a decision unique upon its own facts. A clear illustration of this can be seen in Muirhead v Industrial Tank Specialities Ltd [1986] QB 507 in which a claim for damage to property (i.e. dead lobsters) was allowed but not for a defect in a product (i.e. faulty pumps).<html>

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Though Junior Books has not been overruled in subsequent cases, it has on numerous occasions been distinguished and is now regarded as a decision unique upon its own facts. A clear illustration of this can be seen in Muirhead v Industrial Tank Specialities Ltd [1986] QB 507 in which a claim for [...].

Answer

damage to property (i.e. dead lobsters) was allowed but not for a defect in a product (i.e. faulty pumps)

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cases, it has on numerous occasions been distinguished and is now regarded as a decision unique upon its own facts. A clear illustration of this can be seen in Muirhead v Industrial Tank Specialities Ltd [1986] QB 507 in which a claim for damage to property (i.e. dead lobsters) was allowed but not for a defect in a product (i.e. faulty pumps).<body><html>

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In [case], concerning a defect in the supplying of glass by the defendants for a building in Abu Dhabi, the court refused a claim for pure economic loss in the absence of a contractual relationship between the parties.

Answer

Simaan General Contracting Co. v Pilkington Glass Ltd (No2) [1988] QB 758

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In Simaan General Contracting Co. v Pilkington Glass Ltd (No2) [1988] QB 758, concerning a defect in the supplying of glass by the defendants for a building in Abu Dhabi, the court refused a claim for pure economic loss in the absence of a contractual relation

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In Simaan General Contracting Co. v Pilkington Glass Ltd (No2) [1988] QB 758, concerning a defect in the supplying of glass by the defendants for a building in Abu Dhabi, the court [...] in the absence of a contractual relationship between the parties.

Answer

refused a claim for pure economic loss

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In Simaan General Contracting Co. v Pilkington Glass Ltd (No2) [1988] QB 758, concerning a defect in the supplying of glass by the defendants for a building in Abu Dhabi, the court refused a claim for pure economic loss in the [...].

Answer

absence of a contractual relationship between the parties

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y>In Simaan General Contracting Co. v Pilkington Glass Ltd (No2) [1988] QB 758, concerning a defect in the supplying of glass by the defendants for a building in Abu Dhabi, the court refused a claim for pure economic loss in the absence of a contractual relationship between the parties.<body><html>

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In [case], the House of Lords confirmed that the cost of repairing inherently defective products or property was rightly classified as pure economic loss.

Answer

Murphy v Brentwood District Council [1990] 2 All ER 908

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In Murphy v Brentwood District Council [1990] 2 All ER 908, the House of Lords confirmed that the cost of repairing inherently defective products or property was rightly classified as pure economic loss.

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In Murphy v Brentwood District Council [1990] 2 All ER 908, the House of Lords confirmed that [...].

Answer

the cost of repairing inherently defective products or property was rightly classified as pure economic loss

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In Murphy v Brentwood District Council [1990] 2 All ER 908, the House of Lords confirmed that the cost of repairing inherently defective products or property was [...].

Answer

rightly classified as pure economic loss

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Formal, considered advice Lord Devlin in [case] suggested that the relationship was something like a contractual one, where it might be said that the parties ought to be aware that legal implications could arise from the giving of advice. There is unlikely to be a special relationship in domestic or social contexts, although exceptionally there may be – see Chaudhry v Prabhakar

Answer

Hedley Byrne

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Formal, considered advice Lord Devlin in Hedley Byrne suggested that the relationship was something like a contractual one, where [...]. There is unlikely to be a special relationship in domestic or social contexts, although exceptionally there may be – see Chaudhry v Prabhakar

Answer

it might be said that the parties ought to be aware that legal implications could arise from the giving of advice

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Formal, considered advice Lord Devlin in Hedley Byrne suggested that the relationship was something like a contractual one, where it might be said that the parties ought to be aware that legal implications could arise from the giving of advice. There is unlikely to be a special relationship in domestic or social contexts, although exceptionally there may be – see Chaudhry v Prabhakar

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Formal, considered advice Lord Devlin in Hedley Byrne suggested that the relationship was something like a contractual one, where it might be said that the parties ought to be aware that legal implications could arise from the giving of advice. There is unlikely to be a special relationship in domestic or social contexts, although exceptionally there may be – see [case]

Answer

Chaudhry v Prabhakar

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ere it might be said that the parties ought to be aware that legal implications could arise from the giving of advice. There is unlikely to be a special relationship in domestic or social contexts, although exceptionally there may be – see Chaudhry v Prabhakar<body><html>

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In [case] the Court of Appeal stressed that the specialrelationship depended on the plaintiff relying on a statement that was made for a particular purpose.

Answer

James McNaughton Paper Group Ltd v Hicks Anderson [1991] 1 All ER 134

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In James McNaughton Paper Group Ltd v Hicks Anderson [1991] 1 All ER 134 the Court of Appeal stressed that the specialrelationship depended on the plaintiff relying on a statement that was made for a particular purpose.

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In James McNaughton Paper Group Ltd v Hicks Anderson [1991] 1 All ER 134 the Court of Appeal stressed that the specialrelationship depended on the plaintiff [...].

Answer

relying on a statement that was made for a particular purpose

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If a claimant uses a statement, made for a particular purpose, for a different purpose, then liability will generally not arise. For example, in [case], the auditors of a company were held to owe no duty of care in respect of a bank which lent money to that company. Auditors do not generally make their report to creditors, or to any other person with the intention or knowledge that it would be communicated to the creditors.

Answer

Al-Saudi Banque v Clarke Pixley [1989] 3 All ER 361

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If a claimant uses a statement, made for a particular purpose, for a different purpose, then liability will generally not arise. For example, in Al-Saudi Banque v Clarke Pixley [1989] 3 All ER 361, the auditors of a company were held to owe no duty of care in respect of a bank which lent money to that company. Auditors do not generally make their report to creditors, or to any

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If a claimant uses a statement, made for a particular purpose, for a different purpose, then liability will generally not arise. For example, in Al-Saudi Banque v Clarke Pixley [1989] 3 All ER 361, the auditors of a company were held [...]. Auditors do not generally make their report to creditors, or to any other person with the intention or knowledge that it would be communicated to the creditors.

Answer

to owe no duty of care in respect of a bank which lent money to that company

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>If a claimant uses a statement, made for a particular purpose, for a different purpose, then liability will generally not arise. For example, in Al-Saudi Banque v Clarke Pixley [1989] 3 All ER 361, the auditors of a company were held to owe no duty of care in respect of a bank which lent money to that company. Auditors do not generally make their report to creditors, or to any other person with the intention or knowledge that it would be communicated to the creditors.<body><

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The defendant may be found liable because [...]. In some situations the law will impose liability in these circumstances.

In the case of free or gratuitous advice it might be reasonable for there to be no legal liability on the part of the maker of the statement. This will be harder to justify if the advice has been paid for.

Answer

they assumed responsibility for the correctness of their statement

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The defendant may be found liable because they assumed responsibility for the correctness of their statement. In some situations the law will impose liability in these circumstances. In the case of free or gratuitous advice it might be reasonable for there to be no legal liability o

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The defendant may be found liable because they assumed responsibility for the correctness of their statement. In some situations the law will impose liability in these circumstances.

In the case of free or gratuitous advice it might be reasonable for there to be no legal liability on the part of the maker of the statement. This will be harder to justify if [...].

Answer

the advice has been paid for

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s the law will impose liability in these circumstances. In the case of free or gratuitous advice it might be reasonable for there to be no legal liability on the part of the maker of the statement. This will be harder to justify if the advice has been paid for.<body><html>

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[case] was another case concerning advice given by auditors, this time in respect of a company take-over. The advisees were carrying out the take-over and it was held that, as they were experienced business people, it was not reasonable for them to have relied solely on the draft accounts prepared by the defendants. They should have obtained independent advice.

Answer

James McNaughton Paper Group Ltd v Hicks Anderson [1991] All ER 134

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James McNaughton Paper Group Ltd v Hicks Anderson [1991] All ER 134 was another case concerning advice given by auditors, this time in respect of a company take-over. The advisees were carrying out the take-over and it was held that, as they were expe

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Question

James McNaughton Paper Group Ltd v Hicks Anderson [1991] All ER 134

Answer

Another case concerning advice given by auditors, this time in respect of a company take-over. The advisees were carrying out the take-over and it was held that, as they were experienced business people, it was not reasonable for them to have relied solely on the draft accounts prepared by the defendants. They should have obtained independent advice.

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James McNaughton Paper Group Ltd v Hicks Anderson [1991] All ER 134 was another case concerning advice given by auditors, this time in respect of a company take-over. The advisees were carrying out the take-over and it was held that, [...]. They should have obtained independent advice.

Answer

as they were experienced business people, it was not reasonable for them to have relied solely on the draft accounts prepared by the defendants

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>James McNaughton Paper Group Ltd v Hicks Anderson [1991] All ER 134 was another case concerning advice given by auditors, this time in respect of a company take-over. The advisees were carrying out the take-over and it was held that, as they were experienced business people, it was not reasonable for them to have relied solely on the draft accounts prepared by the defendants. They should have obtained independent advice.<body><html>

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James McNaughton Paper Group Ltd v Hicks Anderson [1991] All ER 134 was another case concerning advice given by auditors, this time in respect of a company take-over. The advisees were carrying out the take-over and it was held that, as they were experienced business people, it was not reasonable for them to have relied solely on the draft accounts prepared by the defendants. They should have [...].

Answer

obtained independent advice

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take-over. The advisees were carrying out the take-over and it was held that, as they were experienced business people, it was not reasonable for them to have relied solely on the draft accounts prepared by the defendants. They should have obtained independent advice.<body><html>

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In [case] the words ‘without responsibility’ were used in the statement made. The House of Lords felt that the defendant could hardly be said to be assuming responsibility when at the same time as giving the advice they were making it clear that they did not accept responsibility.

Answer

Hedley Byrne v Heller

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In Hedley Byrne v Heller the words ‘without responsibility’ were used in the statement made. The House of Lords felt that the defendant could hardly be said to be assuming responsibility when at the same time

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In Hedley Byrne v Heller the words ‘[...]’ were used in the statement made. The House of Lords felt that the defendant could hardly be said to be assuming responsibility when at the same time as giving the advice they were making it clear that they did not accept responsibility.

Answer

without responsibility

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In Hedley Byrne v Heller the words ‘without responsibility’ were used in the statement made. The House of Lords felt that [...].

Answer

the defendant could hardly be said to be assuming responsibility when at the same time as giving the advice they were making it clear that they did not accept responsibility

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Again, in [case] liability was imposed for a negligent statement outside the rule in Hedley Byrne. In this case a solicitor had given negligent information about the witnessing of X’s will. X relied on this and as a result the plaintiff beneficiary was unable to inherit under the will. Liability was justified as the solicitor owed a fiduciary duty to X, the testator, that was breached. Furthermore, it was foreseeable that the plaintiff as a beneficiary would be affected.

Answer

Ross v Caunters [1980] Ch 297

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Again, in Ross v Caunters [1980] Ch 297 liability was imposed for a negligent statement outside the rule in Hedley Byrne. In this case a solicitor had given negligent information about the witnessing of X’s will. X relied on

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Again, in Ross v Caunters [1980] Ch 297 liability was imposed for a negligent statement outside the rule in Hedley Byrne. In this case a solicitor had given negligent information about the witnessing of X’s will. X relied on this and as a result the plaintiff beneficiary was unable to inherit under the will. [outcome]. Furthermore, it was foreseeable that the plaintiff as a beneficiary would be affected.

Answer

Liability was justified as the solicitor owed a fiduciary duty to X, the testator, that was breached

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gligent statement outside the rule in Hedley Byrne. In this case a solicitor had given negligent information about the witnessing of X’s will. X relied on this and as a result the plaintiff beneficiary was unable to inherit under the will. Liability was justified as the solicitor owed a fiduciary duty to X, the testator, that was breached. Furthermore, it was foreseeable that the plaintiff as a beneficiary would be affected.<body><html>

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Again, in Ross v Caunters [1980] Ch 297 liability was imposed for a negligent statement outside the rule in Hedley Byrne. In this case a solicitor had given negligent information about the witnessing of X’s will. X relied on this and as a result the plaintiff beneficiary was unable to inherit under the will. Liability was justified as the solicitor owed a fiduciary duty to X, the testator, that was breached. Furthermore, [...].

Answer

it was foreseeable that the plaintiff as a beneficiary would be affected

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the witnessing of X’s will. X relied on this and as a result the plaintiff beneficiary was unable to inherit under the will. Liability was justified as the solicitor owed a fiduciary duty to X, the testator, that was breached. Furthermore, it was foreseeable that the plaintiff as a beneficiary would be affected.<body><html>

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In [case] the defendant advisory service told X that, following a vasectomy operation, he was permanently infertile. X commenced a relationship with Mrs Goodwill and told her he had had a vasectomy. Subsequently Mrs Goodwill became pregnant and gave birth to a daughter. The Court of Appeal held that a duty was not owed to her by the defendant in respect of the advice given as it was not foreseeable that the advice would be passed on to her and relied upon by her without further independent inquiry. It could not be said that the advisory service assumed responsibility to X’s future sexual partners when giving advice.

Answer

Goodwill v British Pregnancy Advisory Services [1996] 2 All ER 161

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In Goodwill v British Pregnancy Advisory Services [1996] 2 All ER 161 the defendant advisory service told X that, following a vasectomy operation, he was permanently infertile. X commenced a relationship with Mrs Goodwill and told her he had had a vasect

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In Goodwill v British Pregnancy Advisory Services [1996] 2 All ER 161 the defendant advisory service told X that, following a vasectomy operation, he was permanently infertile. X commenced a relationship with Mrs Goodwill and told her he had had a vasectomy. Subsequently Mrs Goodwill became pregnant and gave birth to a daughter. The Court of Appeal held that [...]. It could not be said that the advisory service assumed responsibility to X’s future sexual partners when giving advice.

Answer

a duty was not owed to her by the defendant in respect of the advice given as it was not foreseeable that the advice would be passed on to her and relied upon by her without further independent inquiry

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ng a vasectomy operation, he was permanently infertile. X commenced a relationship with Mrs Goodwill and told her he had had a vasectomy. Subsequently Mrs Goodwill became pregnant and gave birth to a daughter. The Court of Appeal held that a duty was not owed to her by the defendant in respect of the advice given as it was not foreseeable that the advice would be passed on to her and relied upon by her without further independent inquiry. It could not be said that the advisory service assumed responsibility to X’s future sexual partners when giving advice.<body><html>

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In [case], the House of Lords, following on from the decision in Ross v Caunters, held that solicitors drawing up a will owe a duty of care to the testator’s beneficiaries who should be allowed to sue the solicitor for the loss of an intended legacy. As such, third parties were given a right of action. Lord Goff stated:

In my opinion, therefore, your Lordship’s House should in cases such as these extend to the intended beneficiary a remedy under the Hedley Byrne principle by holding that the assumption of responsibility by the solicitor towards his client should be held in law to extend to the intended beneficiary who (as the solicitor can reasonably foresee) may as a result of the solicitor’s negligence, be deprived of his intended legacy in circumstances in which neither the testator nor his estate will have a remedy against the solicitor.

Answer

White v Jones [1995] 2 AC 207

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In White v Jones [1995] 2 AC 207, the House of Lords, following on from the decision in Ross v Caunters, held that [...]. As such, third parties were given a right of action. Lord Goff stated:

In my opinion, therefore, your Lordship’s House should in cases such as these extend to the intended beneficiary a remedy under the Hedley Byrne principle by holding that the assumption of responsibility by the solicitor towards his client should be held in law to extend to the intended beneficiary who (as the solicitor can reasonably foresee) may as a result of the solicitor’s negligence, be deprived of his intended legacy in circumstances in which neither the testator nor his estate will have a remedy against the solicitor.

Answer

solicitors drawing up a will owe a duty of care to the testator’s beneficiaries who should be allowed to sue the solicitor for the loss of an intended legacy

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In White v Jones [1995] 2 AC 207, the House of Lords, following on from the decision in Ross v Caunters, held that solicitors drawing up a will owe a duty of care to the testator’s beneficiaries who should be allowed to sue the solicitor for the loss of an intended legacy. As such, third parties were given a right of action. Lord Goff stated: In my opinion, therefore, your Lordship’s House should in cases such as these extend to the intended

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Question

In White v Jones [1995] 2 AC 207, the House of Lords, following on from the decision in Ross v Caunters, held that solicitors drawing up a will owe a duty of care to the testator’s beneficiaries who should be allowed to sue the solicitor for the loss of an intended legacy. As such, [...]. Lord Goff stated:

In my opinion, therefore, your Lordship’s House should in cases such as these extend to the intended beneficiary a remedy under the Hedley Byrne principle by holding that the assumption of responsibility by the solicitor towards his client should be held in law to extend to the intended beneficiary who (as the solicitor can reasonably foresee) may as a result of the solicitor’s negligence, be deprived of his intended legacy in circumstances in which neither the testator nor his estate will have a remedy against the solicitor.

Answer

third parties were given a right of action

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use of Lords, following on from the decision in Ross v Caunters, held that solicitors drawing up a will owe a duty of care to the testator’s beneficiaries who should be allowed to sue the solicitor for the loss of an intended legacy. As such, third parties were given a right of action. Lord Goff stated: In my opinion, therefore, your Lordship’s House should in cases such as these extend to the intended beneficiary a remedy under the Hedley Byrne principl

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In [...], the defendant built a haystack on land adjoining the claimant’s property. As a result of poor ventilation, the haystack caught alight and caused damage to the claimant’s land. The defendant had been warned of the possibility of this happening but had chosen to ignore it (he was, he explained, fully insured). Despite the defendant’s claim that he had honestly misjudged the risk, he was found liable. A reasonable person would not have taken the risk and would have adopted preventative precautions.

Answer

Vaughan v Menlove (1837) 3 Bing NC 468

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In Vaughan v Menlove (1837) 3 Bing NC 468, the defendant built a haystack on land adjoining the claimant’s property. As a result of poor ventilation, the haystack caught alight and caused damage to the claimant’s land. The de

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In Vaughan v Menlove (1837) 3 Bing NC 468, the defendant built a haystack on land adjoining the claimant’s property. As a result of poor ventilation, the haystack caught alight and caused damage to the claimant’s land. The defendant had been warned of the possibility of this happening but had chosen to ignore it (he was, he explained, fully insured). Despite [...]. A reasonable person would not have taken the risk and would have adopted preventative precautions.

Answer

the defendant’s claim that he had honestly misjudged the risk, he was found liable

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a result of poor ventilation, the haystack caught alight and caused damage to the claimant’s land. The defendant had been warned of the possibility of this happening but had chosen to ignore it (he was, he explained, fully insured). Despite the defendant’s claim that he had honestly misjudged the risk, he was found liable. A reasonable person would not have taken the risk and would have adopted preventative precautions.<body><html>

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In Vaughan v Menlove (1837) 3 Bing NC 468, the defendant built a haystack on land adjoining the claimant’s property. As a result of poor ventilation, the haystack caught alight and caused damage to the claimant’s land. The defendant had been warned of the possibility of this happening but had chosen to ignore it (he was, he explained, fully insured). Despite the defendant’s claim that he had honestly misjudged the risk, he was found liable. A [...].

Answer

reasonable person would not have taken the risk and would have adopted preventative precautions

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mant’s land. The defendant had been warned of the possibility of this happening but had chosen to ignore it (he was, he explained, fully insured). Despite the defendant’s claim that he had honestly misjudged the risk, he was found liable. A reasonable person would not have taken the risk and would have adopted preventative precautions.<body><html>

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Answer

AC Billings & Sons Ltd v Riden [1958] AC 240

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e great majority of people would have behaved in one way, it would not be right to say that a reasonable man would or should have behaved in a different way. A ‘reasonable man’ does not mean a paragon of circumspection. (per Lord Reid in AC Billings & Sons Ltd v Riden [1958] AC 240)<body><html>

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... in considering what a reasonable person would realise or would do in a particular situation we must have regard to [...], and, if one thinks that in a particular situation the great majority of people would have behaved in one way, it would not be right to say that a reasonable man would or should have behaved in a different way. A ‘reasonable man’ does not mean a paragon of circumspection. (per Lord Reid in AC Billings & Sons Ltd v Riden [1958] AC 240)

Answer

human nature as we know it

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... in considering what a reasonable person would realise or would do in a particular situation we must have regard to human nature as we know it, and, if one thinks that in a particular situation the great majority of people would have behaved in one way, it would not be right to say that a reasonable man would or should have

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In the case of [case], the liability of a doctor administering electro-convulsive therapy was considered. It was stated that:

A man need not possess the highest expert skill at the risk of being found negligent... it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art.

Answer

Bolam v Friern Hospital Management Committee [1957] 2 All ER 118

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In the case of Bolam v Friern Hospital Management Committee [1957] 2 All ER 118, the liability of a doctor administering electro-convulsive therapy was considered. It was stated that: A man need not possess the highest expert skill at the risk of being

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In the case of Bolam v Friern Hospital Management Committee [1957] 2 All ER 118, the liability of a doctor administering electro-convulsive therapy was considered. It was stated that:

A man need not possess the highest expert skill at the risk of being found negligent... it is sufficient if he [...].

Answer

exercises the ordinary skill of an ordinary competent man exercising that particular art

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] 2 All ER 118, the liability of a doctor administering electro-convulsive therapy was considered. It was stated that: A man need not possess the highest expert skill at the risk of being found negligent... it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art. <body><html>

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Similarly, in [case], a junior doctor was judged by the standard of the reasonable doctor in that field of medicine, regardless of his own inexperience. The standard is tailored to the activity the doctor is undertaking, not to his individual level of experience.

Answer

Wilsher v Essex Area Health Authority [1988] 1 All ER 871

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Similarly, in Wilsher v Essex Area Health Authority [1988] 1 All ER 871, a junior doctor was judged by the standard of the reasonable doctor in that field of medicine, regardless of his own inexperience. The standard is tailored to the activity the doctor

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Similarly, in Wilsher v Essex Area Health Authority [1988] 1 All ER 871, a junior doctor was judged by the standard of the reasonable doctor in that field of medicine, regardless of his own inexperience. The standard is tailored to [...].

Answer

the activity the doctor is undertaking, not to his individual level of experience

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an>Similarly, in Wilsher v Essex Area Health Authority [1988] 1 All ER 871, a junior doctor was judged by the standard of the reasonable doctor in that field of medicine, regardless of his own inexperience. The standard is tailored to the activity the doctor is undertaking, not to his individual level of experience.<body><html>

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Question

In [case] a jeweller who undertook ear piercing was required to possess the skill of the reasonable jeweller, not that of a surgeon.

Answer

Philips v William Whiteley [1938] 1 All ER 566

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In Philips v William Whiteley [1938] 1 All ER 566 a jeweller who undertook ear piercing was required to possess the skill of the reasonable jeweller, not that of a surgeon.

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In Philips v William Whiteley [1938] 1 All ER 566 a jeweller who undertook ear piercing was required to possess the skill of [...].

Answer

the reasonable jeweller, not that of a surgeon

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In Philips v William Whiteley [1938] 1 All ER 566 a jeweller who undertook ear piercing was required to possess the skill of the reasonable jeweller, not that of a surgeon.

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In [case] a DIY fanatic was required to reach the standard of the reasonable man not that of the experienced carpenter, since the task he had undertaken was normally performed by ordinary men. A different standard might have been imposed if the defendant had undertaken complicated electrical rewiring or plumbing.

Answer

Wells v Cooper [1958] 2 QB 265

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In Wells v Cooper [1958] 2 QB 265 a DIY fanatic was required to reach the standard of [...], since the task he had undertaken was normally performed by ordinary men. A different standard might have been imposed if the defendant had undertaken complicated electrical rewiring or plumbing.

Answer

the reasonable man not that of the experienced carpenter

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In Wells v Cooper [1958] 2 QB 265 a DIY fanatic was required to reach the standard of the reasonable man not that of the experienced carpenter, since the task he had undertaken was normally performed by ordinary men. A different standard might have been imposed if the defendant had undertaken complicated electrical rewiring

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In [case], the defendant, a stage hypnotist, was expected to take the sort of precautions that a ‘reasonably careful exponent of stage hypnotism’ would adopt to prevent any injury to a member of the audience. A similar view was taken in Watson v Gray, The Times, 26 November 1998, with regard to professional footballers.

Answer

Gates v McKenna [1998] Lloyd’s Rep Med 405

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In Gates v McKenna [1998] Lloyd’s Rep Med 405, the defendant, a stage hypnotist, was expected to take the sort of precautions that a ‘reasonably careful exponent of stage hypnotism’ would adopt to prevent any injury to a member o

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In Gates v McKenna [1998] Lloyd’s Rep Med 405, the defendant, a stage hypnotist, was expected to take the sort of precautions that a ‘reasonably careful exponent of stage hypnotism’ would adopt to prevent any injury to a member of the audience. A similar view was taken in [case], with regard to professional footballers.

Answer

Watson v Gray, The Times, 26 November 1998

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Rep Med 405, the defendant, a stage hypnotist, was expected to take the sort of precautions that a ‘reasonably careful exponent of stage hypnotism’ would adopt to prevent any injury to a member of the audience. A similar view was taken in Watson v Gray, The Times, 26 November 1998, with regard to professional footballers.<body><html>

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However, in [case] the Court of Appeal adopted an alternative view. Here a lorry driver crashed his vehicle into the claimant’s shop after suffering a hypoglycaemic state. There was no evidence that the driver knew that his ability to drive was impaired. The Court of Appeal held that the defendant should be judged in comparison with a reasonably competent driver who is unaware that he is suffering a condition that impairs his ability to drive. The driver was thus found not liable.

Answer

Mansfield v Weetabix Ltd [1998] 1 WLR 1263

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However, in Mansfield v Weetabix Ltd [1998] 1 WLR 1263 the Court of Appeal adopted an alternative view. Here a lorry driver crashed his vehicle into the claimant’s shop after suffering a hypoglycaemic state. There was no evidence that the

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However, in Mansfield v Weetabix Ltd [1998] 1 WLR 1263 the Court of Appeal adopted an alternative view. Here a lorry driver crashed his vehicle into the claimant’s shop after suffering a hypoglycaemic state. There was no evidence that the driver knew that his ability to drive was impaired. The Court of Appeal held that [...]. The driver was thus found not liable.

Answer

the defendant should be judged in comparison with a reasonably competent driver who is unaware that he is suffering a condition that impairs his ability to drive

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d an alternative view. Here a lorry driver crashed his vehicle into the claimant’s shop after suffering a hypoglycaemic state. There was no evidence that the driver knew that his ability to drive was impaired. The Court of Appeal held that the defendant should be judged in comparison with a reasonably competent driver who is unaware that he is suffering a condition that impairs his ability to drive. The driver was thus found not liable.<body><html>

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Answer

The driver was thus found not liable

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r knew that his ability to drive was impaired. The Court of Appeal held that the defendant should be judged in comparison with a reasonably competent driver who is unaware that he is suffering a condition that impairs his ability to drive. The driver was thus found not liable.<body><html>

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However, note that the court can always rule that the common practice is itself negligent, as it did in the case of [case], where the common practice of sailing a RO-RO ferry with the bow doors open was declared negligent.

Answer

Re Herald of Free Enterprise ,The Independent, 18 December 1987

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However, note that the court can always rule that the common practice is itself negligent, as it did in the case of Re Herald of Free Enterprise ,The Independent, 18 December 1987, where the common practice of sailing a RO-RO ferry with the bow doors open was declared negligent.

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It should not, however, be assumed a doctor always owes a duty of care. For example, if a doctor provides advice for an occupational health report, there is no direct doctor-patient relationship and a duty to prevent economic loss does not exist. See [case].

Answer

Kapfunde v Abbey National plc (1998) 46 BMLR 176

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d not, however, be assumed a doctor always owes a duty of care. For example, if a doctor provides advice for an occupational health report, there is no direct doctor-patient relationship and a duty to prevent economic loss does not exist. See Kapfunde v Abbey National plc (1998) 46 BMLR 176.<body><html>

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It should not, however, be assumed a doctor always owes a duty of care. For example, if a doctor [...], there is no direct doctor-patient relationship and a duty to prevent economic loss does not exist. See Kapfunde v Abbey National plc (1998) 46 BMLR 176.

Answer

provides advice for an occupational health report

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It should not, however, be assumed a doctor always owes a duty of care. For example, if a doctor provides advice for an occupational health report, there is no direct doctor-patient relationship and a duty to prevent economic loss does not exist. See Kapfunde v Abbey National plc (1998) 46 BMLR 176.

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It should not, however, be assumed a doctor always owes a duty of care. For example, if a doctor provides advice for an occupational health report, there is [...]. See Kapfunde v Abbey National plc (1998) 46 BMLR 176.

Answer

no direct doctor-patient relationship and a duty to prevent economic loss does not exist

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In an emergency, it would appear from the decision of [case], that once treatment has been undertaken by a medical professional, a duty of care is owed. This obviously applies mostly to those entering Accident & Emergency Departments.

Answer

Barnett v Chelsea & Kensington HMC [1969] 1 QB 428

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In an emergency, it would appear from the decision of Barnett v Chelsea & Kensington HMC [1969] 1 QB 428, that once treatment has been undertaken by a medical professional, a duty of care is owed. This obviously applies mostly to those entering Accident & Emergency Departments.<

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In an emergency, it would appear from the decision of Barnett v Chelsea & Kensington HMC [1969] 1 QB 428, that [...]. This obviously applies mostly to those entering Accident & Emergency Departments.

Answer

once treatment has been undertaken by a medical professional, a duty of care is owed

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It would appear that the courts do not share the same jocular approach to the ability of doctors to write clearly as that of the general public. In [case] a doctor was found to be jointly liable, along with a pharmacist, for the incorrect dispensing of a drug. This had occurred, largely, because the doctor’s handwriting could not be deciphered.

Answer

Prendergast v Sam & Dee Ltd [1989] 1 Med LR 36

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It would appear that the courts do not share the same jocular approach to the ability of doctors to write clearly as that of the general public. In Prendergast v Sam & Dee Ltd [1989] 1 Med LR 36 a doctor was found to be jointly liable, along with a pharmacist, for the incorrect dispensing of a drug. This had occurred, largely, because the doctor’s handwriting could not be deciph

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It would appear that the courts do not share the same jocular approach to the ability of doctors to write clearly as that of the general public. In Prendergast v Sam & Dee Ltd [1989] 1 Med LR 36 a doctor was found to be [...]. This had occurred, largely, because the doctor’s handwriting could not be deciphered.

Answer

jointly liable, along with a pharmacist, for the incorrect dispensing of a drug

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>It would appear that the courts do not share the same jocular approach to the ability of doctors to write clearly as that of the general public. In Prendergast v Sam & Dee Ltd [1989] 1 Med LR 36 a doctor was found to be jointly liable, along with a pharmacist, for the incorrect dispensing of a drug. This had occurred, largely, because the doctor’s handwriting could not be deciphered.<html>

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It would appear that the courts do not share the same jocular approach to the ability of doctors to write clearly as that of the general public. In Prendergast v Sam & Dee Ltd [1989] 1 Med LR 36 a doctor was found to be jointly liable, along with a pharmacist, for the incorrect dispensing of a drug. This had occurred, largely, because [...].

Answer

the doctor’s handwriting could not be deciphered

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o write clearly as that of the general public. In Prendergast v Sam & Dee Ltd [1989] 1 Med LR 36 a doctor was found to be jointly liable, along with a pharmacist, for the incorrect dispensing of a drug. This had occurred, largely, because the doctor’s handwriting could not be deciphered.<body><html>

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In professional negligence cases the reasonable man test (as illustrated in Nettleship v Weston [1971] 2QB 691, the ‘learner driver’ case) is slightly modified. In order to show a breach of duty, the claimant must first establish the standard of care that the doctor (for example) owes. The test utilised was actually developed in relation to clinical negligence but has been subsequently accepted to cover anyone exercising professional skills. This principle has become known as the Bolam test after the case [case].

Answer

Bolam v Friern Hospital Management Committee [1957] 2 All ER 118

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for example) owes. The test utilised was actually developed in relation to clinical negligence but has been subsequently accepted to cover anyone exercising professional skills. This principle has become known as the Bolam test after the case Bolam v Friern Hospital Management Committee [1957] 2 All ER 118.<body><html>

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According to [case] (above) potentially, a health authority could be liable for putting a junior doctor in a situation with little or no supervision. With regards to the standard expected from consultants see Ashcroft v Mersey RHA [1983] 2 All ER 245.

Answer

Bull and Another v Devon AHA [1993]

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According to Bull and Another v Devon AHA [1993] (above) potentially, a health authority could be liable for putting a junior doctor in a situation with little or no supervision. With regards to the standard expected from consultants s

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According to Bull and Another v Devon AHA [1993] (above) potentially, a health authority could be liable for putting a junior doctor in a situation with little or no supervision. With regards to the standard expected from consultants see [...].

Answer

Ashcroft v Mersey RHA [1983] 2 All ER 245

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span>According to Bull and Another v Devon AHA [1993] (above) potentially, a health authority could be liable for putting a junior doctor in a situation with little or no supervision. With regards to the standard expected from consultants see Ashcroft v Mersey RHA [1983] 2 All ER 245.<body><html>

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A professional, like a doctor, must meet the standard of care expected of their rank/post. The leading authority on this point with regards to clinical negligence is [case]

Answer

Wilsher v Essex AHA [1986] 3 All ER 801

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A professional, like a doctor, must meet the standard of care expected of their rank/post. The leading authority on this point with regards to clinical negligence is Wilsher v Essex AHA [1986] 3 All ER 801

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A professional, like a doctor, must meet the standard of care expected of [...]. The leading authority on this point with regards to clinical negligence is Wilsher v Essex AHA [1986] 3 All ER 801

Answer

their rank/post

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Wilsher v Essex AHA [1986] 3 All ER 801

Answer

A junior doctor placed a catheter into a vein rather then an artery leading to an excess of oxygen in the young patient and, it was argued, subsequent blindness. The Court of Appeal dismissed the argument that a lower standard of care had to apply to those training within a profession. As Glidewell LJ stated, in applying the Bolam test a uniformed standard of care had to be adopted otherwise: ‘….inexperience would frequently be urged as a defence to an action for professional negligence’. However, the court did go on to state that a junior doctor would not, necessarily, be in breach if they were to seek advice from a more senior/experienced colleague (as was, in fact, the case in Wilsher). Liability, in such cases, would then fall upon the more senior doctor for a lack of supervision.

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The leading authority on this point with regards to clinical negligence is Wilsher v Essex AHA [1986] 3 All ER 801 in which a junior doctor placed a catheter into a vein rather then an artery leading to an excess of oxygen in the young patient and, it was argued, subsequent blindness. The Court of Ap

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The leading authority on this point with regards to clinical negligence is Wilsher v Essex AHA [1986] 3 All ER 801 in which a junior doctor placed a catheter into a vein rather then an artery leading to an excess of oxygen in the young patient and, it was argued, subsequent blindness. The Court of Appeal dismissed the argument that a lower standard of care had to apply to those training within a profession. As [who] stated, in applying the Bolam test a uniformed standard of care had to be adopted otherwise: ‘….inexperience would frequently be urged as a defence to an action for professional negligence’. However, the court did go on to state that a junior doctor would not, necessarily, be in breach if they were to seek advice from a more senior/experienced colleague (as was, in fact, the case in Wilsher). Liability, in such cases, would then fall upon the more senior doctor for a lack of supervision.

Answer

Glidewell LJ

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ather then an artery leading to an excess of oxygen in the young patient and, it was argued, subsequent blindness. The Court of Appeal dismissed the argument that a lower standard of care had to apply to those training within a profession. As Glidewell LJ stated, in applying the Bolam test a uniformed standard of care had to be adopted otherwise: ‘….inexperience would frequently be urged as a defence to an action for professional negligen

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The leading authority on this point with regards to clinical negligence is Wilsher v Essex AHA [1986] 3 All ER 801 in which a junior doctor placed a catheter into a vein rather then an artery leading to an excess of oxygen in the young patient and, it was argued, subsequent blindness. The Court of Appeal dismissed the argument that a lower standard of care had to apply to those training within a profession. As Glidewell LJ stated, in applying the Bolam test a uniformed standard of care had to be adopted otherwise: ‘….inexperience would frequently be urged as a defence to an action for professional negligence’. However, the court did go on to state that a junior doctor would not, necessarily, be in breach if [...] (as was, in fact, the case in Wilsher). Liability, in such cases, would then fall upon the more senior doctor for a lack of supervision.

Answer

they were to seek advice from a more senior/experienced colleague

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standard of care had to be adopted otherwise: ‘….inexperience would frequently be urged as a defence to an action for professional negligence’. However, the court did go on to state that a junior doctor would not, necessarily, be in breach if they were to seek advice from a more senior/experienced colleague (as was, in fact, the case in Wilsher). Liability, in such cases, would then fall upon the more senior doctor for a lack of supervision.<body><html>

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The leading authority on this point with regards to clinical negligence is Wilsher v Essex AHA [1986] 3 All ER 801 in which a junior doctor placed a catheter into a vein rather then an artery leading to an excess of oxygen in the young patient and, it was argued, subsequent blindness. The Court of Appeal dismissed the argument that a lower standard of care had to apply to those training within a profession. As Glidewell LJ stated, in applying the Bolam test a uniformed standard of care had to be adopted otherwise: ‘….inexperience would frequently be urged as a defence to an action for professional negligence’. However, the court did go on to state that a junior doctor would not, necessarily, be in breach if they were to seek advice from a more senior/experienced colleague (as was, in fact, the case in Wilsher). Liability, in such cases, would then [...].

Answer

fall upon the more senior doctor for a lack of supervision

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However, the court did go on to state that a junior doctor would not, necessarily, be in breach if they were to seek advice from a more senior/experienced colleague (as was, in fact, the case in Wilsher). Liability, in such cases, would then fall upon the more senior doctor for a lack of supervision.<body><html>

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The leading authority on this point with regards to clinical negligence is Wilsher v Essex AHA [1986] 3 All ER 801 in which a junior doctor placed a catheter into a vein rather then an artery leading to an excess of oxygen in the young patient and, it was argued, subsequent blindness. The Court of Appeal dismissed the argument that a lower standard of care had to apply to those training within a profession. As Glidewell LJ stated, in applying the Bolam test a uniformed standard of care had to be adopted otherwise: ‘[...]’. However, the court did go on to state that a junior doctor would not, necessarily, be in breach if they were to seek advice from a more senior/experienced colleague (as was, in fact, the case in Wilsher). Liability, in such cases, would then fall upon the more senior doctor for a lack of supervision.

Answer

….inexperience would frequently be urged as a defence to an action for professional negligence

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ndness. The Court of Appeal dismissed the argument that a lower standard of care had to apply to those training within a profession. As Glidewell LJ stated, in applying the Bolam test a uniformed standard of care had to be adopted otherwise: ‘….inexperience would frequently be urged as a defence to an action for professional negligence’. However, the court did go on to state that a junior doctor would not, necessarily, be in breach if they were to seek advice from a more senior/experienced colleague (as was, in fact,

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In [case] the House of Lords refused to become entangled in choosing one professional opinion over another. In such situations, the Bolam test states that a doctor has to act in accordance with a practice that is accepted by a reasonable body of medical opinion. It is perfectly valid to have conflicting professional opinions.

Answer

Maynard v West Midlands RHA [1985] 1 WLR 634

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In Maynard v West Midlands RHA [1985] 1 WLR 634 the House of Lords refused to become entangled in choosing one professional opinion over another. In such situations, the Bolam test states that a doctor has to act in accordance with a

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In Maynard v West Midlands RHA [1985] 1 WLR 634 the House of Lords refused to become entangled in choosing one professional opinion over another. In such situations, the Bolam test states that a doctor has to act [...]. It is perfectly valid to have conflicting professional opinions.

Answer

in accordance with a practice that is accepted by a reasonable body of medical opinion

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head><head>In Maynard v West Midlands RHA [1985] 1 WLR 634 the House of Lords refused to become entangled in choosing one professional opinion over another. In such situations, the Bolam test states that a doctor has to act in accordance with a practice that is accepted by a reasonable body of medical opinion. It is perfectly valid to have conflicting professional opinions.<html>

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The court has to be satisfied that the exponents of the body of opinion relied upon can demonstrate that such opinion has a logical basis.

Answer

Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771

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Although it is accepted that the judiciary are reluctant to choose one medical body’s opinion over another, the case of Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771, has modified the Bolam test to a degree. Bolitho was a clinical negligence case that reached the House of Lords. The central legal issue was whether or not non-intervention by a doctor

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Although it is accepted that the judiciary are reluctant to choose one medical body’s opinion over another, the case of Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771, has modified the Bolam test to a degree. Bolitho was a clinical negligence case that reached the House of Lords. The central legal issue was whether or not non-intervention by a doctor caused the plaintiff’s injury. The speech by Lord Browne-Wilkinson, in the leading judgment, has potential implications for the way in which the Bolam test might be interpreted in the future. In giving judgment, Lord Browne- Wilkinson said:

The court has to be satisfied that the exponents of the body of opinion relied upon can [...]. In particular, in cases involving, as they so often do, the weighing of risks against benefits, the judge before accepting a body of opinion as being responsible, reasonable or respectable, will need to be satisfied that, in forming their views, the experts have directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion on the matter

Answer

demonstrate that such opinion has a logical basis

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tential implications for the way in which the Bolam test might be interpreted in the future. In giving judgment, Lord Browne- Wilkinson said: The court has to be satisfied that the exponents of the body of opinion relied upon can demonstrate that such opinion has a logical basis. In particular, in cases involving, as they so often do, the weighing of risks against benefits, the judge before accepting a body of opinion as being responsible, reasonable or respect

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The court has to be satisfied that the exponents of the body of opinion relied upon can demonstrate that such opinion has a logical basis. In particular, in cases involving, as they so often do, the weighing of risks against benefits, the judge before accepting a body of opinion as being responsible, reasonable or respectable, will need to be satisfied that, in forming their views, the experts have [...] on the matter

Answer

directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion

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ses involving, as they so often do, the weighing of risks against benefits, the judge before accepting a body of opinion as being responsible, reasonable or respectable, will need to be satisfied that, in forming their views, the experts have directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion on the matter <body><html>

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The Bolam test has been applied to the standard of handwriting on a prescription

Answer

Prendergast v Sam & Dee Ltd, The Times, 24 March 1988

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The Bolam test has been applied to the standard of handwriting on a prescription (Prendergast v Sam & Dee Ltd, The Times, 24 March 1988); the use of alternative medicine (Shakoor v Situ [2000] 4 All ER 181) and experimental medicine (Simms v Simms [2003] 1 All ER

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Question

The Bolam test has been applied to the use of alternative medicine

Answer

Shakoor v Situ [2000] 4 All ER 181

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The Bolam test has been applied to the use of experimental medicine

Answer

Simms v Simms [2003] 1 All ER 669

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ad><head>The Bolam test has been applied to the standard of handwriting on a prescription (Prendergast v Sam & Dee Ltd, The Times, 24 March 1988); the use of alternative medicine (Shakoor v Situ [2000] 4 All ER 181) and experimental medicine (Simms v Simms [2003] 1 All ER 669).<html>

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An obvious lapse of professional standards will, however, occur if a professional simply overlooks a well-known procedure or technique.

Answer

White v Jones [1995] 2 AC 207

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An obvious lapse of professional standards will, however, occur if a professional simply overlooks a well-known procedure or technique. As we have already seen in Chapter 3, in White v Jones [1995] 2 AC 207 a solicitor was found negligent in delaying the drawing up of a will with the result that beneficiaries were exclud

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It should be noted that in Bailey v Ministry of Defence [2008] EWCA Civ 883, as in previous exceptional cases, such as Bonnington Castings Ltd v Wardlaw (1956) AC 613, it was not possible to scientifically prove the contribution made by the negligence so [...]. It is likely that the strict application of the ’but for’ test will still be used in the majority of cases involving medical negligence.

Answer

a departure of the ’but for’ test was used to achieve justice

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noted that in Bailey v Ministry of Defence [2008] EWCA Civ 883, as in previous exceptional cases, such as Bonnington Castings Ltd v Wardlaw (1956) AC 613, it was not possible to scientifically prove the contribution made by the negligence so a departure of the ’but for’ test was used to achieve justice. It is likely that the strict application of the ’but for’ test will still be used in the majority of cases involving medical negligence.<body><html>

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It should be noted that in Bailey v Ministry of Defence [2008] EWCA Civ 883, as in previous exceptional cases, such as Bonnington Castings Ltd v Wardlaw (1956) AC 613, it was not possible to scientifically prove the contribution made by the negligence so a departure of the ’but for’ test was used to [...]. It is likely that the strict application of the ’but for’ test will still be used in the majority of cases involving medical negligence.

Answer

achieve justice

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008] EWCA Civ 883, as in previous exceptional cases, such as Bonnington Castings Ltd v Wardlaw (1956) AC 613, it was not possible to scientifically prove the contribution made by the negligence so a departure of the ’but for’ test was used to achieve justice. It is likely that the strict application of the ’but for’ test will still be used in the majority of cases involving medical negligence.<body><html>

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It should be noted that in [case], as in previous exceptional cases, such as Bonnington Castings Ltd v Wardlaw (1956) AC 613, it was not possible to scientifically prove the contribution made by the negligence so a departure of the ’but for’ test was used to achieve justice. It is likely that the strict application of the ’but for’ test will still be used in the majority of cases involving medical negligence.

Answer

Bailey v Ministry of Defence [2008] EWCA Civ 883

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It should be noted that in Bailey v Ministry of Defence [2008] EWCA Civ 883, as in previous exceptional cases, such as Bonnington Castings Ltd v Wardlaw (1956) AC 613, it was not possible to scientifically prove the contribution made by the negligence so a depa

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It should be noted that in Bailey v Ministry of Defence [2008] EWCA Civ 883, as in previous exceptional cases, such as [case], it was not possible to scientifically prove the contribution made by the negligence so a departure of the ’but for’ test was used to achieve justice. It is likely that the strict application of the ’but for’ test will still be used in the majority of cases involving medical negligence.

Answer

Bonnington Castings Ltd v Wardlaw (1956) AC 613

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Bailey v Ministry of Defence [2008] EWCA Civ 883

Answer

The respondent had a cardiac arrest and brain damage after choking on her vomit. The judge had found that the physical cause of the cardiac arrest was the appellant’s weakness and inability to react to her vomit. This weakness was caused partly by the appellant’s lack of post-operative care and partly by a non-negligent cause – the pancreatitis from which she had been suffering. In finding for the respondent the Court of Appeal held: In a case where medical science could not establish the probability that ‘’but for’’ an act of negligence the injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the ‘’but for’’ test was modified, and the claimant would succeed. The instant case involved cumulative causes acting so as to create a weakness and thus the judge had applied the right test and was entitled to reach the conclusion he had reached.

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In a more recent case of Bailey v Ministry of Defence [2008] EWCA Civ 883, however, the courts have shown that [when] they are prepared to depart from the strict application of the ‘but for’ test. The respondent had a cardiac arrest and brain damage after choking on her vomit. The judge had found that the physical cause of the cardiac arrest was the appellant’s weakness and inability to react to her vomit. This weakness was caused partly by the appellant’s lack of post-operative care and partly by a non-negligent cause – the pancreatitis from which she had been suffering. In finding for the respondent the Court of Appeal held: In a case where medical science could not establish the probability that ‘’but for’’ an act of negligence the injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the ‘’but for’’ test was modified, and the claimant would succeed. The instant case involved cumulative causes acting so as to create a weakness and thus the judge had applied the right test and was entitled to reach the conclusion he had reached.

Answer

in exceptional circumstances

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In a more recent case of Bailey v Ministry of Defence [2008] EWCA Civ 883, however, the courts have shown that in exceptional circumstances they are prepared to depart from the strict application of the ‘but for’ test. The respondent had a cardiac arrest and brain damage after choking on her vomit. The judge had found that t

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In a more recent case of Bailey v Ministry of Defence [2008] EWCA Civ 883, however, the courts have shown that in exceptional circumstances they are prepared to [...]. The respondent had a cardiac arrest and brain damage after choking on her vomit. The judge had found that the physical cause of the cardiac arrest was the appellant’s weakness and inability to react to her vomit. This weakness was caused partly by the appellant’s lack of post-operative care and partly by a non-negligent cause – the pancreatitis from which she had been suffering. In finding for the respondent the Court of Appeal held: In a case where medical science could not establish the probability that ‘’but for’’ an act of negligence the injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the ‘’but for’’ test was modified, and the claimant would succeed. The instant case involved cumulative causes acting so as to create a weakness and thus the judge had applied the right test and was entitled to reach the conclusion he had reached.

Answer

depart from the strict application of the ‘but for’ test

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In a more recent case of Bailey v Ministry of Defence [2008] EWCA Civ 883, however, the courts have shown that in exceptional circumstances they are prepared to depart from the strict application of the ‘but for’ test. The respondent had a cardiac arrest and brain damage after choking on her vomit. The judge had found that the physical cause of the cardiac arrest was the appellant’s weakness and inability to react to her vomit. This weakness was caused partly by the appellant’s lack of post-operative care and partly by a non-negligent cause – the pancreatitis from which she had been suffering. In finding for the respondent the Court of Appeal held: In a case where medical science could not establish the probability that ‘’but for’’ an act of negligence the injury would not have happened but could establish that [...], the ‘’but for’’ test was modified, and the claimant would succeed. The instant case involved cumulative causes acting so as to create a weakness and thus the judge had applied the right test and was entitled to reach the conclusion he had reached.

Answer

the contribution of the negligent cause was more than negligible

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had been suffering. In finding for the respondent the Court of Appeal held: In a case where medical science could not establish the probability that ‘’but for’’ an act of negligence the injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the ‘’but for’’ test was modified, and the claimant would succeed. The instant case involved cumulative causes acting so as to create a weakness and thus the judge had applied the righ

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In a more recent case of Bailey v Ministry of Defence [2008] EWCA Civ 883, however, the courts have shown that in exceptional circumstances they are prepared to depart from the strict application of the ‘but for’ test. The respondent had a cardiac arrest and brain damage after choking on her vomit. The judge had found that the physical cause of the cardiac arrest was the appellant’s weakness and inability to react to her vomit. This weakness was caused partly by the appellant’s lack of post-operative care and partly by a non-negligent cause – the pancreatitis from which she had been suffering. In finding for the respondent the Court of Appeal held: In a case where medical science could not [...] but could establish that the contribution of the negligent cause was more than negligible, the ‘’but for’’ test was modified, and the claimant would succeed. The instant case involved cumulative causes acting so as to create a weakness and thus the judge had applied the right test and was entitled to reach the conclusion he had reached.

Answer

establish the probability that ‘’but for’’ an act of negligence the injury would not have happened

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partly by the appellant’s lack of post-operative care and partly by a non-negligent cause – the pancreatitis from which she had been suffering. In finding for the respondent the Court of Appeal held: In a case where medical science could not establish the probability that ‘’but for’’ an act of negligence the injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the ‘’but for’’ test was modified, and the claimant would succeed. The instant case involved cu

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In a more recent case of Bailey v Ministry of Defence [2008] EWCA Civ 883, however, the courts have shown that in exceptional circumstances they are prepared to depart from the strict application of the ‘but for’ test. The respondent had a cardiac arrest and brain damage after choking on her vomit. The judge had found that the physical cause of the cardiac arrest was the appellant’s weakness and inability to react to her vomit. This weakness was caused partly by the appellant’s lack of post-operative care and partly by a non-negligent cause – the pancreatitis from which she had been suffering. In finding for the respondent the Court of Appeal held: In a case where medical science could not establish the probability that ‘’but for’’ an act of negligence the injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the [result]. The instant case involved cumulative causes acting so as to create a weakness and thus the judge had applied the right test and was entitled to reach the conclusion he had reached.

Answer

‘’but for’’ test was modified, and the claimant would succeed

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held: In a case where medical science could not establish the probability that ‘’but for’’ an act of negligence the injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the ‘’but for’’ test was modified, and the claimant would succeed. The instant case involved cumulative causes acting so as to create a weakness and thus the judge had applied the right test and was entitled to reach the conclusion he had reached.</sp

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Whitehouse v Jordan [1980] 1 All ER 650

Answer

A senior registrar performed a caesarean section after unsuccessfully trying to deliver the child by forceps. He had pulled on the baby six times over a 25 minute period. The Court of Appeal reversed the trial judge’s decision of negligence. A distinction had to be made between an error of judgement and actual negligence. As Lord Fraser stated:

Merely to describe something as an error of judgement tells us nothing about whether it is negligent or not. The true position is that an error of judgement may, or may not, be negligent; it depends on the nature of the error. If it is one that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant held himself out as having, and acting with ordinary care, then it is negligent. If, on the other hand, it is an error that a man with ordinary care might have made, then it is not negligence.

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In Whitehouse v Jordan [1980] 1 All ER 650, a senior registrar performed a caesarean section after unsuccessfully trying to deliver the child by forceps. He had pulled on the baby six times over a 25 minute period. The Court of

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In Whitehouse v Jordan [1980] 1 All ER 650, a senior registrar performed a caesarean section after unsuccessfully trying to deliver the child by forceps. He had pulled on the baby six times over a 25 minute period. The Court of Appeal reversed the trial judge’s decision of negligence. A distinction had to be made between an error of judgement and actual negligence. As Lord Fraser stated:

Merely to describe something as an error of judgement tells us nothing about whether it is negligent or not. The true position is that an error of judgement may, or may not, be negligent; it depends on the nature of the error. If it is one [...], then it is negligent. If, on the other hand, it is an error that a man with ordinary care might have made, then it is not negligence.

Answer

that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant held himself out as having, and acting with ordinary care

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; Merely to describe something as an error of judgement tells us nothing about whether it is negligent or not. The true position is that an error of judgement may, or may not, be negligent; it depends on the nature of the error. If it is one that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant held himself out as having, and acting with ordinary care, then it is negligent. If, on the other hand, it is an error that a man with ordinary care might have made, then it is not negligence. <body><html>

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Merely to describe something as an error of judgement tells us nothing about whether it is negligent or not. The true position is that an error of judgement may, or may not, be negligent; it depends on the nature of the error. If it is one that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant held himself out as having, and acting with ordinary care, then [...]. If, on the other hand, it is an error that a man with ordinary care might have made, then it is not negligence.

Answer

it is negligent

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he nature of the error. If it is one that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant held himself out as having, and acting with ordinary care, then it is negligent. If, on the other hand, it is an error that a man with ordinary care might have made, then it is not negligence. <body><html>

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Merely to describe something as an error of judgement tells us nothing about whether it is negligent or not. The true position is that an error of judgement may, or may not, be negligent; it depends on the nature of the error. If it is one that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant held himself out as having, and acting with ordinary care, then it is negligent. If, on the other hand, [...].

Answer

it is an error that a man with ordinary care might have made, then it is not negligence

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t would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant held himself out as having, and acting with ordinary care, then it is negligent. If, on the other hand, it is an error that a man with ordinary care might have made, then it is not negligence. <body><html>

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Merely to describe something as an error of judgement tells us nothing about whether it is negligent or not. The true position is that [...]; it depends on the nature of the error. If it is one that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant held himself out as having, and acting with ordinary care, then it is negligent. If, on the other hand, it is an error that a man with ordinary care might have made, then it is not negligence.

Answer

an error of judgement may, or may not, be negligent

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ion had to be made between an error of judgement and actual negligence. As Lord Fraser stated: Merely to describe something as an error of judgement tells us nothing about whether it is negligent or not. The true position is that an error of judgement may, or may not, be negligent; it depends on the nature of the error. If it is one that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the

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The recent decision in [case] is one of the rare cases where a court has applied the Bolitho test to reject expert opinion as not being logically defensible.

Answer

Taaffe v East of England Ambulance Service NHS Trust [2012] EWHC 1335 (QB)

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The recent decision in Taaffe v East of England Ambulance Service NHS Trust [2012] EWHC 1335 (QB) is one of the rare cases where a court has applied the Bolitho test to reject expert opinion as not being logically defensible.

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What is clear is that such a body does not have to [...]. In De Freitas v O’Brien and Connolly [1995] 6 Med LR 108 the body of medical opinion (concerning a particular medical procedure, a niche area of surgery) consisted of 11 consultants out of over 1000.

Answer

represent the majority of opinion, merely an acceptable body

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What is clear is that such a body does not have to represent the majority of opinion, merely an acceptable body. In De Freitas v O’Brien and Connolly [1995] 6 Med LR 108 the body of medical opinion (concerning a particular medical procedure, a niche area of surgery) consisted of 11 consultants ou

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What is clear is that such a body does not have to represent the majority of opinion, merely an acceptable body

Answer

De Freitas v O’Brien and Connolly [1995] 6 Med LR 108

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What is clear is that such a body does not have to represent the majority of opinion, merely an acceptable body. In De Freitas v O’Brien and Connolly [1995] 6 Med LR 108 the body of medical opinion (concerning a particular medical procedure, a niche area of surgery) consisted of [...].

Answer

11 consultants out of over 1000

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s not have to represent the majority of opinion, merely an acceptable body. In De Freitas v O’Brien and Connolly [1995] 6 Med LR 108 the body of medical opinion (concerning a particular medical procedure, a niche area of surgery) consisted of 11 consultants out of over 1000.<body><html>

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It is well established within the professional/client relationship that a duty of care exists. It is clear from many authorities that a doctor owes his/her patient a duty of care in the normal course of events. For example, in [case] Lord Denning clearly stated that such a duty existed.

Answer

Cassidy v Minister of Health [1951] 2 KB 343

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ody>It is well established within the professional/client relationship that a duty of care exists. It is clear from many authorities that a doctor owes his/her patient a duty of care in the normal course of events. For example, in Cassidy v Minister of Health [1951] 2 KB 343 Lord Denning clearly stated that such a duty existed.<body><html>

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It is well established within the [...] that a duty of care exists. It is clear from many authorities that a doctor owes his/her patient a duty of care in the normal course of events. For example, in Cassidy v Minister of Health [1951] 2 KB 343 Lord Denning clearly stated that such a duty existed.

Answer

professional/client relationship

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It is well established within the professional/client relationship that a duty of care exists. It is clear from many authorities that a doctor owes his/her patient a duty of care in the normal course of events. For example, in Cassidy v Minister of Heal

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A doctor owes his/her patient a duty of care in the normal course of events

Answer

Cassidy v Minister of Health [1951] 2 KB 343

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The term ‘professional negligence’ refers to [...].

Answer

negligence arising within a professional sphere, such as the activities of accountants, lawyers, surveyors and architects

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The term ‘professional negligence’ refers to negligence arising within a professional sphere, such as the activities of accountants, lawyers, surveyors and architects.

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Clinical negligence refers [...]

Answer

not only to the negligence of doctors but to all the related medical professionals and services, such as nurses, dentists, pharmacists, physiotherapists and ambulance services.

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Clinical negligence refers not only to the negligence of doctors but to all the related medical professionals and services, such as nurses, dentists, pharmacists, physiotherapists and ambulance services.

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Question

Factual causation is established by the ‘but for’ test from [case]; ‘but for’ the defendant’s action, would the victim have suffered the injury.

Answer

Cork v Kirby MacLean Ltd [1952] 2 All ER 402

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Factual causation is established by the ‘but for’ test from Cork v Kirby MacLean Ltd [1952] 2 All ER 402; ‘but for’ the defendant’s action, would the victim have suffered the injury.

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A clear illustration of the 'but for' test in a clinical context can be seen in the case of [case].

Answer

Barnett v Chelsea & Kensington Hospital Management Committee [1969] 1 QB 4282

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A clear illustration of the 'but for' test in a clinical context can be seen in the case of Barnett v Chelsea & Kensington Hospital Management Committee [1969] 1 QB 4282.

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Barnett v Chelsea & Kensington Hospital Management Committee [1969] 1 QB 4282

Answer

A night watchman attended the casualty department of a hospital with claims of vomiting and stomach pains. The doctor failed to examine him but instructed one of the nurses to send him to his GP. In the event, he died of arsenic poisoning. It was accepted that the doctor had been negligent; the question for the court was whether this negligence actually caused the death. Utilising the ‘but for’ test the court held it had not. The man would have died anyway, regardless of any examination by the doctor. Unfortunately, the patient had arrived at the hospital too late for any antidote to take effect. The defendant was, therefore, not liable (despite the hospital admitting the existence of a duty and that such a duty had been breached by the doctor).

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Barnett v Chelsea & Kensington Hospital Management Committee [1969] 1 QB 4282: A night watchman attended the casualty department of a hospital with claims of vomiting and stomach pains. The doctor failed to examine him but instructed one of the nurses to send him

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Question

Barnett v Chelsea & Kensington Hospital Management Committee [1969] 1 QB 4282: A night watchman attended the casualty department of a hospital with claims of vomiting and stomach pains. The doctor failed to examine him but instructed one of the nurses to send him to his GP. In the event, he died of arsenic poisoning. It was accepted that the doctor had been negligent; the question for the court was whether this negligence actually caused the death. Utilising the ‘but for’ test the court held it had not. The man would have died anyway, regardless of any examination by the doctor. Unfortunately, the patient had arrived at the hospital too late for any antidote to take effect. The defendant was, therefore, [...].

Answer

not liable (despite the hospital admitting the existence of a duty and that such a duty had been breached by the doctor)

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t for’ test the court held it had not. The man would have died anyway, regardless of any examination by the doctor. Unfortunately, the patient had arrived at the hospital too late for any antidote to take effect. The defendant was, therefore, not liable (despite the hospital admitting the existence of a duty and that such a duty had been breached by the doctor).<body><html>

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Barnett v Chelsea & Kensington Hospital Management Committee [1969] 1 QB 4282: A night watchman attended the casualty department of a hospital with claims of vomiting and stomach pains. The doctor failed to examine him but instructed one of the nurses to send him to his GP. In the event, he died of arsenic poisoning. It was accepted that the doctor had been negligent; the question for the court was whether this negligence actually caused the death. Utilising the ‘but for’ test the court held [...]. The man would have died anyway, regardless of any examination by the doctor. Unfortunately, the patient had arrived at the hospital too late for any antidote to take effect. The defendant was, therefore, not liable (despite the hospital admitting the existence of a duty and that such a duty had been breached by the doctor).

Answer

it had not

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send him to his GP. In the event, he died of arsenic poisoning. It was accepted that the doctor had been negligent; the question for the court was whether this negligence actually caused the death. Utilising the ‘but for’ test the court held it had not. The man would have died anyway, regardless of any examination by the doctor. Unfortunately, the patient had arrived at the hospital too late for any antidote to take effect. The defend

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Barnett v Chelsea & Kensington Hospital Management Committee [1969] 1 QB 4282: A night watchman attended the casualty department of a hospital with claims of vomiting and stomach pains. The doctor failed to examine him but instructed one of the nurses to send him to his GP. In the event, he died of arsenic poisoning. It was accepted that the doctor had been negligent; the question for the court was whether this negligence actually caused the death. Utilising the ‘but for’ test the court held it had not. [reasoning]. Unfortunately, the patient had arrived at the hospital too late for any antidote to take effect. The defendant was, therefore, not liable (despite the hospital admitting the existence of a duty and that such a duty had been breached by the doctor).

Answer

The man would have died anyway, regardless of any examination by the doctor

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his GP. In the event, he died of arsenic poisoning. It was accepted that the doctor had been negligent; the question for the court was whether this negligence actually caused the death. Utilising the ‘but for’ test the court held it had not. The man would have died anyway, regardless of any examination by the doctor. Unfortunately, the patient had arrived at the hospital too late for any antidote to take effect. The defendant was, therefore, not liable (despite the hospital admitting the existence

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In [case], the claimant suffered Brachial Palsy whilst having a blood transfusion during surgery. His argument was that the anaesthetist should have been aware of such a risk from an article in the Lancet published six months earlier. The court rejected the claim for negligence. It would be both impractical and unrealistic to expect a professional to know every new development in his/her field at any given moment in time.

Answer

Crawford v Charing Cross Hospital, The Times, 8 December 1983

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In Crawford v Charing Cross Hospital, The Times, 8 December 1983, the claimant suffered Brachial Palsy whilst having a blood transfusion during surgery. His argument was that the anaesthetist should have been aware of such a risk from an article in t

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A professional is not expected to know every new development in his/her field at any given moment in time.

Answer

Crawford v Charing Cross Hospital, The Times, 8 December 1983

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Despite what many might believe, experts are not expected to know every new idea, practice or latest developments within their specialism. As McNair J, stated in Bolam:

It is sufficient if he exercises [...].

Answer

the ordinary skill of an ordinary competent man exercising that particular art

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ad><head>Despite what many might believe, experts are not expected to know every new idea, practice or latest developments within their specialism. As McNair J, stated in Bolam: It is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art. <html>

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Obviously each case will turn on its own facts and, therefore, there may be cases where the risk of harm can be appreciated. In N v United Kingdom Medical Research Council; Sub Nom Creutzfeldt-Jakob Disease Litigation [1996] the court held there was negligence in failing to carry out a full clinical appraisal with the use of Human Growth Hormone (HGH) and its causational relationship with Creutzfeldt-Jakob disease. [resoning].

Answer

Such a link had emerged from CJD cases from 1977 onwards

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Nom Creutzfeldt-Jakob Disease Litigation [1996] the court held there was negligence in failing to carry out a full clinical appraisal with the use of Human Growth Hormone (HGH) and its causational relationship with Creutzfeldt-Jakob disease. Such a link had emerged from CJD cases from 1977 onwards.<body><html>

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Obviously each case will turn on its own facts and, therefore, there may be cases where the risk of harm can be appreciated. In [case] the court held there was negligence in failing to carry out a full clinical appraisal with the use of Human Growth Hormone (HGH) and its causational relationship with Creutzfeldt-Jakob disease. Such a link had emerged from CJD cases from 1977 onwards.

Answer

N v United Kingdom Medical Research Council; Sub Nom Creutzfeldt-Jakob Disease Litigation [1996]

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Obviously each case will turn on its own facts and, therefore, there may be cases where the risk of harm can be appreciated. In N v United Kingdom Medical Research Council; Sub Nom Creutzfeldt-Jakob Disease Litigation [1996] the court held there was negligence in failing to carry out a full clinical appraisal with the use of Human Growth Hormone (HGH) and its causational relationship with Creutzfeldt-Jakob d

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Unforeseeable risks can obviously not be anticipated and, therefore, failing to guard against them will not be regarded as negligence. This is often referred to as the State of Art issue and is probably best illustrated in [case].

Answer

Roe v Minister Of Health [1954] 2 QB 66

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d>Unforeseeable risks can obviously not be anticipated and, therefore, failing to guard against them will not be regarded as negligence. This is often referred to as the State of Art issue and is probably best illustrated in Roe v Minister Of Health [1954] 2 QB 66.<html>

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Unforeseeable risks can obviously not be anticipated and, therefore, [...]. This is often referred to as the State of Art issue and is probably best illustrated in Roe v Minister Of Health [1954] 2 QB 66.

Answer

failing to guard against them will not be regarded as negligence

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Unforeseeable risks can obviously not be anticipated and, therefore, failing to guard against them will not be regarded as negligence. This is often referred to as the State of Art issue and is probably best illustrated in Roe v Minister Of Health [1954] 2 QB 66.

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Roe v Minister Of Health [1954] 2 QB 66

Answer

The claimant suffered permanent paralysis from the waist down having been injected with a spinal anaesthetic called nupercaine. The nupercaine was traditionally stored in glass ampoules. The ampoules were kept in a phenol solution in order to keep them disinfected. Unknown to anyone, minute invisible cracks had formed in the ampoules, which had allowed the phenol to contaminate the nupercaine. Although this evidence was professionally doubted, it was accepted at trial. It was held that the defendants could not have guarded against such an event happening on the basis that it was unforeseeable and, therefore, they escaped liability for negligence.

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Roe v Minister Of Health [1954] 2 QB 66. Here the claimant suffered permanent paralysis from the waist down having been injected with a spinal anaesthetic called nupercaine. The nupercaine was traditionally stored in glass am

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Roe v Minister Of Health [1954] 2 QB 66. Here the claimant suffered permanent paralysis from the waist down having been injected with a spinal anaesthetic called nupercaine. The nupercaine was traditionally stored in glass ampoules. The ampoules were kept in a phenol solution in order to keep them disinfected. Unknown to anyone, minute invisible cracks had formed in the ampoules, which had allowed the phenol to contaminate the nupercaine. Although this evidence was professionally doubted, it was accepted at trial. It was held that the defendants could not have guarded against such an event happening on the basis that it was unforeseeable and, therefore, [...].

Answer

they escaped liability for negligence

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aminate the nupercaine. Although this evidence was professionally doubted, it was accepted at trial. It was held that the defendants could not have guarded against such an event happening on the basis that it was unforeseeable and, therefore, they escaped liability for negligence.<body><html>

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A justification for the Bolam rule was given by Lord Scarman in [case]. He stated:

Differences of opinion exist, and continue to exist, in the medical as in other professions. There is seldom any one answer exclusive of all others to problems of professional judgment. A court may prefer one body of opinion to the other; but that is no basis for a conclusion of negligence.

Answer

Maynard v West Midlands RHA [1985] 1 WLR 634

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A justification for the Bolam rule was given by Lord Scarman in Maynard v West Midlands RHA [1985] 1 WLR 634. He stated: Differences of opinion exist, and continue to exist, in the medical as in other professions. There is seldom any one answer exclusive of all others to problems of profe

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A justification for the Bolam rule was given by [who] in Maynard v West Midlands RHA [1985] 1 WLR 634. He stated:

Differences of opinion exist, and continue to exist, in the medical as in other professions. There is seldom any one answer exclusive of all others to problems of professional judgment. A court may prefer one body of opinion to the other; but that is no basis for a conclusion of negligence.

Answer

Lord Scarman

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A justification for the Bolam rule was given by Lord Scarman in Maynard v West Midlands RHA [1985] 1 WLR 634. He stated:

Differences of opinion exist, and continue to exist, in the medical as in other professions. There is seldom any one answer exclusive of all others to problems of professional judgment. A court may prefer one body of opinion to the other; but [...].

Answer

that is no basis for a conclusion of negligence

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Differences of opinion exist, and continue to exist, in the medical as in other professions. There is seldom any one answer exclusive of all others to problems of professional judgment. A court may prefer one body of opinion to the other; but that is no basis for a conclusion of negligence. <body><html>

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R v Cambridge Health Authority ex p Child B (a minor) [1995] 6 Med LR 250

Answer

A local health authority declined to continue further experimental treatment on a young girl dying of myeloid leukaemia. The cost of the treatment was estimated at £75,000 whilst the chances of success were between 10 per cent and 20 per cent. As Sir Thomas Bingham MR stated, to impose an absolute duty on a health authority to provide every treatment available would be unreasonable. Clinical decisions as to treatment should be for medical professionals and not the courts.

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R v Cambridge Health Authority ex p Child B (a minor) [1995] 6 Med LR 250, a local health authority declined to continue further experimental treatment on a young girl dying of myeloid leukaemia. The cost of the treatment was estimated at £75,000 whilst the c

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R v Cambridge Health Authority ex p Child B (a minor) [1995] 6 Med LR 250, a local health authority declined to continue further experimental treatment on a young girl dying of myeloid leukaemia. The cost of the treatment was estimated at £75,000 whilst the chances of success were between 10 per cent and 20 per cent. As Sir Thomas Bingham MR stated, [...]. Clinical decisions as to treatment should be for medical professionals and not the courts.

Answer

to impose an absolute duty on a health authority to provide every treatment available would be unreasonable

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to continue further experimental treatment on a young girl dying of myeloid leukaemia. The cost of the treatment was estimated at £75,000 whilst the chances of success were between 10 per cent and 20 per cent. As Sir Thomas Bingham MR stated, to impose an absolute duty on a health authority to provide every treatment available would be unreasonable. Clinical decisions as to treatment should be for medical professionals and not the courts.<body><html>

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R v Cambridge Health Authority ex p Child B (a minor) [1995] 6 Med LR 250, a local health authority declined to continue further experimental treatment on a young girl dying of myeloid leukaemia. The cost of the treatment was estimated at £75,000 whilst the chances of success were between 10 per cent and 20 per cent. As [who] stated, to impose an absolute duty on a health authority to provide every treatment available would be unreasonable. Clinical decisions as to treatment should be for medical professionals and not the courts.

Answer

Sir Thomas Bingham MR

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cal health authority declined to continue further experimental treatment on a young girl dying of myeloid leukaemia. The cost of the treatment was estimated at £75,000 whilst the chances of success were between 10 per cent and 20 per cent. As Sir Thomas Bingham MR stated, to impose an absolute duty on a health authority to provide every treatment available would be unreasonable. Clinical decisions as to treatment should be for medical professional

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R v Cambridge Health Authority ex p Child B (a minor) [1995] 6 Med LR 250, a local health authority declined to continue further experimental treatment on a young girl dying of myeloid leukaemia. The cost of the treatment was estimated at £75,000 whilst the chances of success were between 10 per cent and 20 per cent. As Sir Thomas Bingham MR stated, to impose an absolute duty on a health authority to provide every treatment available would be unreasonable. Clinical decisions as to treatment should be for [...].

Answer

medical professionals and not the courts

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f success were between 10 per cent and 20 per cent. As Sir Thomas Bingham MR stated, to impose an absolute duty on a health authority to provide every treatment available would be unreasonable. Clinical decisions as to treatment should be for medical professionals and not the courts.<body><html>

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A failure to provide doctors or services of a sufficient level of competence could be regarded as a breach of the duty of care (2)

Answer

Wilsher v Essex Area Health Authority [1988] AC 1074 and Griffiths v Kent Ambulance Service (1999) Lloyd’s Rep Med

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uty to provide the services of medical professionals with sufficient skill and experience. In both Wilsher v Essex Area Health Authority [1988] AC 1074 and Griffiths v Kent Ambulance Service (1999) Lloyd’s Rep Med, the courts have stated that a failure to provide doctors or services of a sufficient level of competence could be regarded as a breach of the duty of care (also see Bull v Devon AHA [1993] 4 Med LR 117 and Ball v Wirral Health Authority & Another [2003] All ER (D) 229 (Jan)).<body><html>

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It is not only the individual professionals but, for example, Health Authorities/Trusts also have a duty to [...]. In both Wilsher v Essex Area Health Authority [1988] AC 1074 and Griffiths v Kent Ambulance Service (1999) Lloyd’s Rep Med, the courts have stated that a failure to provide doctors or services of a sufficient level of competence could be regarded as a breach of the duty of care (also see Bull v Devon AHA [1993] 4 Med LR 117 and Ball v Wirral Health Authority & Another [2003] All ER (D) 229 (Jan)).

Answer

provide the services of medical professionals with sufficient skill and experience

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It is not only the individual professionals but, for example, Health Authorities/Trusts also have a duty to provide the services of medical professionals with sufficient skill and experience. In both Wilsher v Essex Area Health Authority [1988] AC 1074 and Griffiths v Kent Ambulance Service (1999) Lloyd’s Rep Med, the courts have stated that a failure to provide doctors or

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There is no recovery in medical negligence cases for loss of less than even chance of a better recovery.

Answer

Wright (A Child) v Cambridge Medical Group (a partnership) [2011] EWCA Civ 669

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The Court of Appeal in this case also applied the previous decision in Gregg v Scott [2005] UKHL 2 on recovery for loss of chance. There is no recovery in medical negligence cases for loss of less than even chance of a better recovery.

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Wright (A Child) v Cambridge Medical Group (a partnership) [2011] EWCA Civ 669.

Answer

The defendant, a GP, negligently failed to refer a child claimant with a bacterial infection to hospital until two days later. It took a further three days in hospital before the claimant was correctly diagnosed, by which time her hip became infected resulting in a permanent disability. The defendant argued that his negligence was not the factual cause of the claimant’s loss as even if she had been admitted to hospital on time there would still have been a three day delay in the correct treatment being given. The claimant would still, therefore, have suffered the same disability. The Court of Appeal held that where a doctor had negligently failed to refer a patient to hospital and, as a consequence, she had lost the opportunity to be treated correctly, the doctor could not escape liability by establishing that the hospital would have negligently failed to treat the patient appropriately, even if promptly referred.

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The courts took a similarly flexible approach in Wright (A Child) v Cambridge Medical Group (a partnership) [2011] EWCA Civ 669. The defendant, a GP, negligently failed to refer a child claimant with a bacterial infection to hospital until two days later. It took a further three days in hospital before the claiman

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The courts took a similarly flexible approach in Wright (A Child) v Cambridge Medical Group (a partnership) [2011] EWCA Civ 669. The defendant, a GP, negligently failed to refer a child claimant with a bacterial infection to hospital until two days later. It took a further three days in hospital before the claimant was correctly diagnosed, by which time her hip became infected resulting in a permanent disability. The defendant argued that his negligence was not the factual cause of the claimant’s loss as [...]. The claimant would still, therefore, have suffered the same disability. The Court of Appeal held that where a doctor had negligently failed to refer a patient to hospital and, as a consequence, she had lost the opportunity to be treated correctly, the doctor could not escape liability by establishing that the hospital would have negligently failed to treat the patient appropriately, even if promptly referred.

Answer

even if she had been admitted to hospital on time there would still have been a three day delay in the correct treatment being given

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urther three days in hospital before the claimant was correctly diagnosed, by which time her hip became infected resulting in a permanent disability. The defendant argued that his negligence was not the factual cause of the claimant’s loss as even if she had been admitted to hospital on time there would still have been a three day delay in the correct treatment being given. The claimant would still, therefore, have suffered the same disability. The Court of Appeal held that where a doctor had negligently failed to refer a patient to hospital and, as a con

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The courts took a similarly flexible approach in Wright (A Child) v Cambridge Medical Group (a partnership) [2011] EWCA Civ 669. The defendant, a GP, negligently failed to refer a child claimant with a bacterial infection to hospital until two days later. It took a further three days in hospital before the claimant was correctly diagnosed, by which time her hip became infected resulting in a permanent disability. The defendant argued that his negligence was not the factual cause of the claimant’s loss as even if she had been admitted to hospital on time there would still have been a three day delay in the correct treatment being given. The claimant would still, therefore, have suffered the same disability. The Court of Appeal held that [...].

Answer

where a doctor had negligently failed to refer a patient to hospital and, as a consequence, she had lost the opportunity to be treated correctly, the doctor could not escape liability by establishing that the hospital would have negligently failed to treat the patient appropriately, even if promptly referred

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oss as even if she had been admitted to hospital on time there would still have been a three day delay in the correct treatment being given. The claimant would still, therefore, have suffered the same disability. The Court of Appeal held that where a doctor had negligently failed to refer a patient to hospital and, as a consequence, she had lost the opportunity to be treated correctly, the doctor could not escape liability by establishing that the hospital would have negligently failed to treat the patient appropriately, even if promptly referred.<body><html>

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R v Cambridge Health Authority ex p Child B (a minor) [1995] 6 Med LR 250, a local health authority declined to continue further experimental treatment on a young girl dying of myeloid leukaemia. The cost of the treatment was estimated at £75,000 whilst the chances of success were between 10 per cent and 20 per cent. As Sir Thomas Bingham MR stated, to impose an absolute duty on a health authority to [...] would be unreasonable. Clinical decisions as to treatment should be for medical professionals and not the courts.

Answer

provide every treatment available

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g girl dying of myeloid leukaemia. The cost of the treatment was estimated at £75,000 whilst the chances of success were between 10 per cent and 20 per cent. As Sir Thomas Bingham MR stated, to impose an absolute duty on a health authority to provide every treatment available would be unreasonable. Clinical decisions as to treatment should be for medical professionals and not the courts.<body><html>

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Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation