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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Professional Negligence - From: 1994 To: 1994

This page lists 14 cases, and was prepared on 02 April 2018.

 
Smith v Tunbridge Wells Health Authority [1994] 5 Med LR 334
1994

Morland J
Professional Negligence
The patient was to undergo rectal surgery. He claimed that the doctor had failed to warn him of the risks. Held: The claimant would have declined the operation if he had been properly advised of the risk of impotence and bladder malfunction, and the claim succeeded.
1 Citers


 
McAllister v Lewisham and North Southwark Health Authority [1994] 5 Med LR 343
1994

Rougier J
Professional Negligence
The patient claimed damages after suffering injury in an operation, saying the doctor had failed to warn of the risk. Held: The claimant would not have had the operation if she had been properly warned and on balance of probabilities she would have continued to decline it. The necessary causal connection was established and the doctor was liable.
1 Citers


 
Smith v Salford Health Authority [1994 ] 5 Med LR 321
1994

Potter J
Professional Negligence
The doctor had failed to warn the patient of the risks inherent in the planned operation. Held: The court not have found him liable for a failure to warn, because he was not satisfied that the claimant would not have had the operation if he had been properly advised. The doctor was liable on other grounds.
1 Citers


 
Smith v Barking, Havering and Brentwood Health Authority [1994] 5 Med LR 285
1994

Hutchison J
Professional Negligence
The patient claimed damages. Held: On the balance of probabilities the claimant would have consented to the operation even if properly advised as to the risk of tetraplegia. The defendant was not liable.
1 Citers


 
McCullagh v Lane Fox and Partners Ltd Gazette, 30 March 1994; Times, 25 January 1994
25 Jan 1994
QBD

Professional Negligence, Negligence, Agency
A vendor's estate agent was liable for a negligent misrepresentation to a party proceeding with a purchase relying upon what had been said, and without his own survey.
1 Cites

1 Citers


 
O'Brien and Others v Hughes-Gibb and Co Ltd and Another Independent, 13 May 1994
13 May 1994
ChD

Professional Negligence
Instructions to insure for 'mortality risks' did not impliedly include instructions to insure for theft (Shergar).

 
Mortgage Express Ltd v Bowerman and Partners (A Firm) Times, 19 May 1994
19 May 1994
ChD

Professional Negligence
A solicitor who had been put on enquiry as to a valuation of a property must report his doubts to his mortgagee client also.
1 Citers



 
 Henderson v Merrett Syndicates Ltd; HL 25-Jul-1994 - [1995] 2 AC 145; [1994] 3 All ER 506; Times, 26 July 1994; [1994] UKHL 5; [1994] 3 WLR 761
 
Anthony and Others v Wright and Others Independent, 27 September 1994
27 Sep 1994
ChD

Professional Negligence
Auditors have no separate duty of care to investors for whom a company they audited held funds on trust.

 
Eagle Trust Plc v SBC Securities Ltd; Same v Sbci Bank Corporation Investment Banking Ltd Independent, 28 September 1994; [1993] 1 WLR 484
28 Sep 1994
ChD
Vinelott J
Professional Negligence, Equity
A financial adviser was not liable in negligence for the allegedly negligent selection of sub-underwriters. On the issue of knowing receipt in a claim for restitution, "What the decision in Belmont (No 2) … shows most clearly is that in a 'knowing receipt' case it is only necessary to show that the defendant knew that the monies paid to him were trust monies and of circumstances which made the payment a misapplication of them. Unlike a 'knowing assistance' case it is not necessary, and never had been necessary, to show that the defendant was in any sense a participator in the fraud."
1 Cites

1 Citers


 
Deeny and Others v Gooda Walker Ltd (In Voluntary Liquidation) and Others Times, 07 October 1994; Independent, 05 October 1994
5 Oct 1994
QBD

Professional Negligence, Insurance
Names at Lloyds could reasonably expect due skill and care to be exercised in the choice of risks accepted on their behalf by underwriters. Incompetence in the writing of 'excess of loss' business gave rise to claim for negligence.

 
Hopkins v Mackenzie Times, 03 November 1994; Independent, 27 October 1994; Gazette, 07 December 1994; [1995] PIQR 43
27 Oct 1994
CA
Hobhouse LJ
Professional Negligence, Professional Negligence, Limitation, Legal Professions
A loss arising from a solicitor's failure to pursue a case arose only when the claim was struck out, not earlier when compromised, and even though value already diminished. Accordingly the limitation period began to run from that time.
Limitation Act 1980
1 Citers


 
Hopkins v Mackenzie Times, 03 November 1994; Independent, 27 October 1994; Gazette, 07 December 1994; [1995] PIQR 43
27 Oct 1994
CA
Hobhouse LJ
Professional Negligence, Professional Negligence, Limitation, Legal Professions
A loss arising from a solicitor's failure to pursue a case arose only when the claim was struck out, not earlier when compromised, and even though value already diminished. Accordingly the limitation period began to run from that time.
Limitation Act 1980
1 Citers


 
Tidman v Reading Borough Council Times, 10 November 1994; [1994] 3 PLR 72
4 Nov 1994
QBD
Buckley J
Professional Negligence, Local Government
The plaintiff wanted to sell his land. The purchaser wished to know the planning status and prospects for the land. The local authority published a leaflet encouraging those interested to seek guidance from the authority's planning officers. The plaintiff did so, but the advice received was negligently incorrect. Held: Thee informal planning advice given by a Local Authority officer, was not given under a duty of care, and the action failed. The rule in Hedley Byrne did not apply to this situation. The court should exercise care before allowing such a responsibility in such a case. An authority acted under a statutory duty to apply planning law, and to act for the general public interests. A duty in negligence could conflict with those public duties. The plaintiff had sought advice only over the telephone and provided very limited information. It could not be thought that by responding to such an enquiry the authority became liable in negligence. If it did, te result would be that they would give no such assistance in future. The council was also enttled to expect that a person to whom such a question was important would seek their own proper advice. A duty of care might posibly arise where the approach was more formal and detailed, and where e matter might have very serious consequences. The present case came nowhere near creating such a duty.
1 Cites

1 Citers


 
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