Kapfunde v Abbey National Plc and Dr Daniel and Another: CA 25 Mar 1998

A Doctor employed by a potential employer to report on the health of applicants for employment, owed no duty of care to those applicants.


Kennedy LJ


Times 06-Apr-1998, [1998] ECC 440, [1998] IRLR 583, (1999) 46 BMLR 176, [1998] EWCA Civ 535, [1999] ICR 1, [1999] Lloyd’s Rep Med 48




England and Wales

Cited by:

CitedJD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
CitedWest Bromwich Albion Football Club Ltd v El-Safty QBD 14-Dec-2005
The claimant sought damages from the defendant surgeon alleging negligent care of a footballer. The defendant argued that he had no duty to the club as employer of his patient who was being treated through his BUPA membership. It would have created . .
CitedCheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Professional Negligence

Updated: 14 November 2022; Ref: scu.144013