The claimant had employed a French veterinary surgeon to treat her horse ‘Anna’. She engaged the defendant English veterinary surgeon to attend the treament and observe. The horse died at the principal negligence of the French vet. The English vet appealed a finding of contributory negligence, saying that he had not taken the responsibility asserted.
Held: (Ward LJ dissenting) The defendant had faild to enquire as to the proposed course of treatment. Had he done so he would have known that that course would prove disastrous. He was asked to be present as a vet, not as a statue. He was liable.
Judges:
Ward LJ, Rix LJ, Gage LJ
Citations:
[2006] EWCA Civ 998, Times 22-Aug-2006
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Griffiths v Evans CA 1953
The parties disputed the terms on which the solicitor had been engaged, and in particular as to the scope of the duty undertaken by and entrusted to the solicitor as regards advising the client.
Held: Where there is a dispute between a . .
Cited – Midland Bank Trust Co Ltd v Hett Stubbs and Kemp (a firm) ChD 1978
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 07 July 2022; Ref: scu.243323