The plaintiff appealed refusal of his claim for damages. He had suffered injury whilst training for football, and alleged negligence agains the club and its doctors. He accepted that his contract imposed no higher duty than the standard one. The judge had found the condition to be one which a doctor might see once in his lifetime.
Held: The appeal was dismissed: ‘Only in rare cases will this court do so either because the judge has misunderstood some important evidence, misconstrued or overlooked documentary evidence inconsistent with his findings or for some other reason this court is convinced that he has reached the wrong conclusion notwithstanding his advantage of seeing and hearing the witnesses.’
Citations:
[1998] EWCA Civ 1780
Jurisdiction:
England and Wales
Personal Injury, Professional Negligence
Updated: 27 November 2022; Ref: scu.145259
