A doctor examining a victim of a rape, but who failed to give evidence at court was not liable to the victim for further psychiatric damages caused by the resultant collapse of the prosecution. There was no doctor/patient relationship to give rise to a duty of care.
Stuart-Smith LJ said: ‘contempt of court does not itself give rise to a cause of action’.
Judges:
Stuart-Smith LJ
Citations:
Times 09-Jun-1999
Jurisdiction:
England and Wales
Citing:
Cited – Chapman v Honig CA 1963
A landlord’s notice to quit was held valid notwithstanding that the landlord seeking to uphold its validity had himself given it in contempt of court.
A contractual right may be exercised for any reason good, bad or indifferent and the motive . .
Cited by:
Cited – JSC BTA Bank v Khrapunov SC 21-Mar-2018
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 09 September 2022; Ref: scu.84146
