swarb.co.uk - law index
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Professional Negligence - From: 2001 To: 2001
This page lists 82 cases, and was prepared on 02 April 2018.
Loosemore v Financial Concepts; 2001 - [2001] Lloyds PNLR 235
Leeds and Holbeck Building Society v Arthur and Cole; ChD 2001 - [2001] Lloyd's Rep PN 649
Fennon v Anthony Hodari and Co; 2001 - [2001] Lloyds Rep PN 183
Smith v National Health Service Litigation [2001] Lloyd's Med Rep 90
2001
Andrew Smith J
Professional Negligence, Personal Injury
1 Citers
Mulkerrins v Pricewaterhousecoopers (A Firm); CA 12-Jan-2001 - Times, 12 January 2001; Gazette, 01 February 2001
Gold v Mincoff Science and Gold Gazette, 18 January 2001
18 Jan 2001
ChD
Neuberger J
Professional Negligence, Land, Limitation
A sleeping partner in a business executed several charges over partnership property, unaware that the funds raised were being used for purposes other than the partnership business. Their solicitors admitted negligence in not advising them sufficiently closely as to the effect of the all monies nature of the charges. A claim was brought to recover money, but then enlarged when the creditor appreciated the extent of the all monies charge. The claimant sought damages for negligence from the solicitor. Held: The limitation defence succeeded only in part. Where the solicitor had chosen to hide the effect of the clause from his client on signing later charges, liability arising under earlier charges continued.
Limitation Act 1980
1 Citers
J Jarvis and Sons Ltd v Castle Wharf Developments Ltd, Gleeds Management Services Ltd, Franklin Ellis Architects Ltd [2001] EWCA Civ 19; [2001] Lloyds Rep PN 308; (2001) 17 Const LJ 430; [2001] NPC 15
19 Jan 2001
CA
Peter Gibson, Arden LJJ, Collins J
Construction, Professional Negligence, Agency
[ Bailii ]
Huggins v Southmead Health Authority [2001] EWCA Civ 160
23 Jan 2001
CA
Schiemann, Latham, Cresswell LJJ
Professional Negligence
[ Bailii ]
Greenfield v Flather and others [2001] EWCA Civ 113
24 Jan 2001
CA
Professional Negligence
[ Bailii ]
Burke v Leeds Health Authority [2001] EWCA Civ 51
29 Jan 2001
CA
Sciemann, Latham LJJ, Sir Christopher Slade
Professional Negligence
Appeal against finding of liability for negligent advice.
[ Bailii ]
Greenfield v Irwin and Others (A Firm) Times, 06 February 2001
6 Feb 2001
CA
Health, Professional Negligence, Damages
A woman who had had to give up work to care for a child was not able to claim damages from a nurse who had failed to diagnose her pregnancy, with the result that she had lost the opportunity to have an abortion. She had no sustainable claim for loss of earnings when she gave up work to look after the child. There is no longer any justification in a distinction being made between negligent advice cases and cases involving actual physical injury.
Starcevic v West Hertfordshire Health Authority [2001] EWCA Civ 192
8 Feb 2001
CA
Professional Negligence
[ Bailii ]
Raja v Lloyds Bank Plc Gazette, 08 February 2001
8 Feb 2001
CA
Land, Limitation, Professional Negligence
The claimant's properties had been sold after repossession by a lender. He claimed damages for the negligent sales at an undervalue. He began the action after six years after the properties were sold, and asserted that the action was based upon the mortgages and that therefore the limitation period was twelve not six years. Assertions that the relationship of mortgagor and mortgagee could give rise to an equitable duty of care were inconsistent with modern authority, and nor could a duty be dependent upon an implied contractual term. The limitation period is six years, and the claim was out of time.
Rossiter and Rossiter v Dr Tinsley and Dr Jago [2001] EWHC QB 14
15 Feb 2001
QBD
Personal Injury, Professional Negligence
[ Bailii ]
Merrett v John RH Babb; CA 15-Feb-2001 - Gazette, 29 March 2001; Times, 02 March 2001; [2001] EWCA Civ 214; [2001] QB 1174; (2001) EGCS 20; [2001] 3 WLR 1
Wirral Borough Council v Evans and Another Times, 20 February 2001
20 Feb 2001
ChD
Professional Negligence, Financial Services
Although the administrators of an occupational pension scheme had no duty to advise a beneficiary of the scheme, they could still have a duty to act with reasonable care and skill where they took such a duty upon themselves by in fact giving specific advice to a beneficiary.
Cave v Robinson Jarvis and Rolf [2001] EWCA Civ 245; [2001] PNLR 573; [2002] 1 WLR 581; [2001] Lloyd's Rep PN 290; 78 Con LR 1; [2001] PNLR 23; (2001) 17 Const LJ 262; [2001] CP Rep 66; [2001] 9 EGCS 229; [2001] NPC 36; [2001] Lloyds Rep PN 290
20 Feb 2001
CA
Potter, Sedley, Jonathan Parker LJ
Limitation, Professional Negligence
The court was asked as to the meaning of the word 'deliberate' as it appeared in section 32(2) of the 1980 Act.
Limitation Act 1980 32
1 Cites
1 Citers
[ Bailii ]
Aylwen v Taylor Joynson Garrett (A Firm) [2001] EWCA Civ 313
21 Feb 2001
CA
Professional Negligence
1 Citers
[ Bailii ]
O'Brien v Camden and Islington Health Authority [2001] EWCA Civ 325
22 Feb 2001
CA
Brooke LJ
Professional Negligence
[ Bailii ]
Glaister v Greenwood [2001] EWHC Ch 453; [2001] PNLR 602
26 Feb 2001
ChD
Collins J
Professional Negligence, Limitation
1 Citers
[ Bailii ]
J Jarvis and Sons Ltd v Castle Wharf Developments Ltd and Others Times, 28 February 2001
28 Feb 2001
CA
Agency, Professional Negligence
An independent professional agent can become liable to someone entering into a contract with his principal for a negligent misstatement which induced him to tender for the contract. The issue was first whether the prospective contractor would rely upon the misstatement. Liability will vary according to the circumstances.
Nationwide Building Society v James Beauchamp (A Firm) [2001] EWCA Civ 275
2 Mar 2001
CA
Professional Negligence
Solicitors - mortgage negligence
[ Bailii ]
L (Minor), P (Father) v Reading Borough Council Chief Constable of Thames Valley Police Gazette, 03 May 2001; [2001] EWCA Civ 346; [2001] 1 WLR 1575
12 Mar 2001
CA
Professional Negligence, Police, Litigation Practice
A social worker and police officer interviewed a child and father on allegations of sexual abuse made by the mother. No criminal proceedings followed, but the father alleged that the misrepresentation of the interviews by the officer and social worker led to later care proceedings. The allegations were false. The court allowed an appeal against an order striking out the case against the police officer. Having interviewed the father, and it having been decided that no criminal proceedings would follow, a duty of care had arisen as between the officer and the interviewee as to the future use of the material from the interview. The case against the police should not be struck out on the basis of a witness immunity in these circumstances.
1 Citers
[ Bailii ]
Nationwide Building Society v James Beauchamp (A firm); CA 15-Mar-2001 - Gazette, 15 March 2001
Crosse and Crosse (A Firm) v Lloyds Bank Plc [2001] EWCA Civ 366
16 Mar 2001
CA
Potter LJ, Sedley LJ, Jonathan Parker LJ
Professional Negligence, Limitation
Solicitors appealed a finding of professional negligence in the purchase of land which had been subject to restrictive covenants which had not been disclosed to the bank, saying that time had begun to run against the bank at a time when the bank accepted new clients as debtors under the security.
Limitation Act 1980 5 14A
[ Bailii ]
Westbury v Sampson Gazette, 17 May 2001; [2001] EWCA Civ 407
23 Mar 2001
CA
Bodey J
Professional Negligence, Family
The claimant was advised to accept a consent order that his wife should pay him a capital sum in the divorce, but by instalments. The wife later successfully applied to have the sum reduced. He sought to claim against his former solicitors for not advising him of this risk. Held: The claim failed. At the time there was no reason to anticipate the later circumstances which led to the reduction, and the loss had not been caused by any failure of the defendants, since he would have faced the same risks whatever order had been made.
Bodey J considered the situations in which a court might re-open an order: "The reopening under section 31 of the overall quantum of lump sum orders by instalments, especially when made as part of a package intended to be final (and all the more so when ordered by consent following an agreement) should only be countenanced when the anticipated circumstances have changed very significantly, and/or for cogent reasons rendering it quite unjust or impracticable to hold the payer to the overall quantum of the order originally made.
This formulation gives a little more latitude as regards section 31 of the Matrimonial Causes Act 1973 than do the Barder conditions for the grant of leave to appeal out of time; but that must, I think, follow from the statutory requirements under section 31(7) that the court is to consider all the circumstances."
Matrimonial Causes Act 1973 31(3)
1 Cites
1 Citers
[ Bailii ]
Steeds v Peverel Management Services Limited Times, 16 May 2001; [2001] EWCA Civ 419
30 Mar 2001
CA
Limitation, Personal Injury, Litigation Practice, Professional Negligence
Where it was not the claimant's fault that proceedings had not been issued within the appropriate time limit, the judge when considering exercise of his discretion to admit the claim, should not be tempted to refuse to admit it on the basis that the claimant would have a clear claim for negligence against the solicitor who should have issued the proceedings. The judge was wrong to seek to distinguish the case and deny that the delay at issue related to periods only after the expiration of the limitation period. The judge had been wrong to conclude that the Civil Procedure rules required the claimant to have issued proceedings much earlier, since those rules could only affect the conduct of proceedings once they had been issued.
Limitation Act 1980 33(3)(a)
[ Bailii ]
Dougan v Lanarkshire Acute Hospitals NHS Trust; OHCS 3-Apr-2001 - [2001] ScotCS 83
Rosenberg v Percival; 5-Apr-2001 - 205 CLR 434; 75 ALJR 734; [2001] HCA 18
Corbett (As Administrator of the Estate of Miss N A Tresawna (Deceased)) v Bond Pearce (a Firm) [2001] EWCA Civ 531
11 Apr 2001
CA
Professional Negligence, Wills and Probate
The testatrix had executed her will, but the will was dependent upon deeds of gift first taking place. The will was only later dated, once the deeds had been put into effect.
1 Cites
1 Citers
[ Bailii ]
Parkinson v St James and Seacroft University Hospital NHS Trust Times, 24 April 2001; Gazette, 01 June 2001; [2001] Lloyd's Rep Med 309; [2001] EWCA Civ 530; [2001] 3 WLR 376; [2002] QB 266
11 Apr 2001
CA
Hale LJ
Professional Negligence, Damages, Torts - Other
A mother had undergone a negligent sterilisation, and in due course she gave birth to a disabled child. Held: The right to bodily integrity is the first and most important of the interests protected by the law of tort. The cases saying that damages could not be claimed for the expense of bringing up a child should stand, but there was an exception which allowed the award of the additional, but not basic, costs and expenses of bringing up the child so far as they followed from the disability. Hale LJ stressed the importance of bodily integrity.
1 Citers
[ Bailii ]
Day v Cook [2001] EWCA Civ 592
26 Apr 2001
CA
Professional Negligence, Company
1 Citers
[ Bailii ]
Wood v North Durham Acute Hospitals NHS Trust [2001] EWCA Civ 629
26 Apr 2001
CA
Professional Negligence
[ Bailii ]
Sasea Finance Ltd v KPMG (Formerly KPMG Peat Marwick Mclintock) [2001] EWHC Ch 423
10 May 2001
ChD
Professional Negligence
It was complained that the auditors had failed timeously to warn the company of fraud by a senior employee. The appeal concerned an application to strike out heads of claim in an action brought by the company against its auditors for negligence. Held: Appeal allowed. It was submitted that the auditors' duty did not extend to the losses claimed because the transactions from which they flowed arose in the normal course of business and were part of the ordinary risks associated with the carrying on of that business. That submission failed. The case was arguable and should be allowed to continue.
1 Cites
1 Citers
[ Bailii ]
Zinzuwadia v Home Office [2001] EWCA Civ 842
17 May 2001
CA
Prisons, Professional Negligence
[ Bailii ]
Dean v Allin and Watts (a Firm); CA 23-May-2001 - Times, 28 June 2001; [2001] 2 Lloyds Rep 249; [2001] EWCA Civ 758; [2001] 2 Lloyd's Report 249; [2001] PNLR 39; [2001] All ER (D) 288
Hammersmith Hospitals NHS Trust and others v Troup Bywaters and Anders (a Firm) [2001] EWCA Civ 793
25 May 2001
CA
Lord Justice Brooke, Lord Justice Sedley And Lord Justice Dyson
Evidence, Professional Negligence, Litigation Practice
Correctly construing apparently sceptical expert witness as to "reasonable body of professional opinion" in a fact rich case.
[ Bailii ]
Griffin v Kingsmill and others [2001] EWCA Civ 934
8 Jun 2001
CA
Schiemann, Kay LJJ, Sir Murray Stuart-Smith
Professional Negligence
Appeal from a decision of Buckley J given on 20th February 1998 dismissing the claimant's claim for professional negligence against solicitors and counsel who advised her and her parents in relation to a road accident.
[ Bailii ]
Michelle Gray v Southampton and S W Hampshire Health Authority [2001] EWCA Civ 855; [2001] EWCA Civ 1234
8 Jun 2001
CA
Lord Justice Aldous, Lord Justice May, Lord Justice Rix
Professional Negligence
The claimant had been operated on with respect to treatment for a tumour. Following the operation she had a grand mal fit, and suffered serious impairment. She sought damages alleging want of proper care in the period immediately following the operation, and now appealed a finding against her claim. Held: There was evidence which went to support the claimant's case, but none of the experts said with confidence what the cause of her severe brain damage was.
[ Bailii ] - [ Bailii ]
Little and Others v Messrs George Little Sebire and Co [2001] EWCA Civ 895
14 Jun 2001
CA
Professional Negligence
The defendant accountants appealed a finding of professional negligence. They had organised schemes with respect to tax saving for their client companies. Held: The judge was correct to reject the defendant's argument that the company could not have raised funds to make the alternative tax arrangement. The claimant's argument that the inspector of taxes could have been persuaded to accept a low valuation of the shares at a slightly different date, thus reducing tax substantially succeeded, and the damages increased accordingly.
1 Cites
1 Citers
Brown v Alan Edwards and Co [2001] EWCA Civ 980
15 Jun 2001
CA
Sedley LJNegligence
Professional Negligence
Appeal against rejection of allegation of professional negligence.
[ Bailii ]
Arkell v Ludlow and Another [2001] EWCA Civ 1244
20 Jun 2001
CA
Kay LJ
Professional Negligence
Application for permission to appeal.
[ Bailii ]
Hooper v Fynmores Gazette, 21 June 2001; Times, 19 July 2001
21 Jun 2001
ChD
Professional Negligence, Wills and Probate, Legal Professions
The elderly testator had wanted to make a new will which would have increased the claimant's share of his estate by one eighth. The appointment to sign the will was cancelled when the solicitor was himself hospitalised, and the testator died before the second appointment. The solicitors appealed on the basis that the finding against them effectively imposed a higher duty to the beneficiary than would have been due to the testator. Held: The appeal was dismissed. In undertaking to prepare a will, the solicitor entered into a special relationship with the beneficiaries, an incident of which was a duty to them to act with due expedition and care. The proposed appointment should not have been cancelled without enquiry as to the testator's health and considering whether to send a substitute. It should not have been missed without the client's consent.
Frost v James Finlay Bank Ltd and R G Cozens and others [2001] EWHC Ch 404
25 Jun 2001
ChD
Banking, Professional Negligence
[ Bailii ]
Rozzell v Speakman and Co [2001] EWCA Civ 996
27 Jun 2001
CA
Lord Justice Longmore, Mr Justice Carnworth
Legal Professions, Professional Negligence
The defendants appealed againt a finding of negligence with regard to the execution of a second mortgage. The claimant said she had not been properly advised about the consequences of a charge to secure repayment of her husband's debts. She said she had not been advised that on a bankruptcy, her own share in the property would be protected. Held: The judge's interpretation of the attendance notes, and his conclusion were inconsistent. He should have found that the risks and consequences had been explained.
[ Bailii ]
Julian v Rollit Farrel and Bladon [2001] EWCA Civ 1187
29 Jun 2001
CA
Contract, Legal Professions, Professional Negligence
[ Bailii ]
Hiseman, Arab Investment Syndicate Ltd v Janes [2001] EWCA Civ 1259
12 Jul 2001
CA
Robert Walker LJ
Professional Negligence
Application for leave to appeal from rejection of casee of alleged professional negligence.
[ Bailii ]
Webb v Barclays Bank Plc and Portsmouth Hospitals NHS Trust; CA 16-Jul-2001 - [2001] EWCA Civ 1141; [2001] Lloyd's Rep Med 500; [2002] PIQR P8
Aylwen v Taylor Joynson Garrett; CA 19-Jul-2001 - Gazette, 19 July 2001; [2001] EWCA Civ 1171
Aylwen v Taylor Joynson Garrett; CA 19-Jul-2001 - Gazette, 19 July 2001; [2001] EWCA Civ 1171
Patel and Another v Daybells (a Firm) [2001] EWCA Civ 1229; [2002] PNLR 6
27 Jul 2001
CA
Mr Justice Carnwath, Lord Justice Robert Walker, Lord Justice Longmore
Professional Negligence, Legal Professions, Damages
Land was purchased and a resale negotiated before it was registered. An undertaking was accepted that the seller's solicitor would discharge all charges. The purchasers sought to avoid completion by saying the Act required them to be registered before completion. The matter was completed but the seller's bank refused to sign the release. The bank gave one figure to release the charge, but then demanded more. The buyers' solicitors were alleged to have been negligent, having completed on the basis of the vendor solicitor's undertaking to discharge the mortgage. This was standard practice in conveyancing transactions. Held: In accepting the vendor's solicitors undertaking, the client was exposed to some degree of risk. Nevertheless, it was enough to show that the routine and approved practice of English solicitors is one on which "the experts have directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion on the matter" The solicitors were not negligent.
Land Registration Act 1925 110(5) - Law Society's Code for Completion by Post 1984
1 Cites
1 Citers
[ Bailii ]
Queen Elizabeth's School Blackburn Ltd and others v Banks Wilson Solicitors (A Firm) [2001] EWCA Civ 1360
27 Jul 2001
CA
Aldous LJ, Sedley LJ, Arden LJ
Professional Negligence
[ Bailii ]
Needler Financial Services Ltd v Taber Times, 09 August 2001; Gazette, 27 September 2001; [2001] EWHC Ch 5; [2002] 3 All ER 501
31 Jul 2001
ChD
Morritt VC,
Financial Services, Damages, Professional Negligence
The claimant had been negligently advised to swap to a personal pension plan. He was to receive damages in respect of that loss, but, in the meantime, the pension company, of which he had become a member de-mutualised, and he became entitled to shares in the new company. The adviser sought to reduce the damages payable by the value of the shares. There was in fact no sufficient connection between the negligent act and the benefit received. The demutualisation in no way arose as a consequence of the negligence, even though it would not have been received but for relying upon the advice.
Financial Services Act 1986 62
1 Citers
[ Bailii ]
Mirza v Birmingham Health Authority; QBD 31-Jul-2001 - [2001] EWHC QB 1
Sharif and Others v Garrett and Co; CA 31-Jul-2001 - [2001] EWCA Civ 1269; [2002] 1 WLR 3118; [2002] 3 All ER 195; [2002] Lloyd's Rep IR 11
Biggs and Another v Sotnicks (A Firm) and others [2001] EWCA Civ 1356
31 Jul 2001
CA
Limitation, Professional Negligence, Contract
Limitation Act 1980 14A
[ Bailii ]
Rodrigues v Irwin Mitchell (A Firm) [2001] EWCA Civ 1400
10 Aug 2001
CA
Mummery LJ
Professional Negligence
The claimant sought leave to appeal against dismissal of his claim against his former solicitors.
[ Bailii ]
Balamoan v Holden and Co (A Firm) [2001] EWCA Civ 1378
29 Aug 2001
CA
Professional Negligence
[ Bailii ]
Meredith and Another v Colleys Valuation Services Ltd and Another [2001] EWCA Civ 1456
7 Sep 2001
CA
Professional Negligence
[ Bailii ]
Parry v Edwards Geldard (A Firm) [2001] EWCA Civ 1469
11 Sep 2001
CA
Chadwick LJ
Professional Negligence
Renewed application for permission to appeal against part of an order made by Jacob J on 1st May 2001 in proceedings brought by Mr Alan Parry against Edwards Geldard, a firm of solicitors.
[ Bailii ]
Smith and Another v Peter North and Partners Gazette, 25 October 2001
8 Oct 2001
CA
Judge LJ, Parker LJ, Bodey J
Professional Negligence, Damages, Contract
The claimants bought property at a price based upon a valuation provided by the defendants. They sought damages being the costs of repairing the property, the necessity of such repairs not having been revealed by the report. Expert valuation showed that the property, even unrepaired, exceeded in value the price paid. The defendants obtained summary judgment on the basis that no damages were payable. The claimant appealed. Held: the damages in negligence would be nil, but in contract, the damages payable were what was required in order to put the claimants in the position they would have been in the absence of a breach. Even so, the 'cost of repairs' basis would be inappropriate. It was irreconcilable with restitutionary or compensatory principles underlying the award of damages.
Eastgate Group Ltd v Lindsey Morden Group Inc, and Smith and Williamson (a Firm) Gazette, 08 November 2001; [2001] EWCA Civ 1446; [2002] 1 WLR 642
10 Oct 2001
CA
Potter LJ and Longmore LJ
Company, Professional Negligence, Damages
The defendant faced a claim for breach of warranties given by vendors in a company share sale agreement. The sought a contribution from the purchasers accountants who had prepared figures upon which the purchase decision was based. The defendants' liability was strictly in contract, but the contribution they sought arose in negligence. The Act formulated the liability widely. However the damage arising from one claim, was not the same as the other, and no mutual discharge would apply. The request had been refused, and the defendant appealed. Held: The judge had erred in holding that there would be no mutual discharge, and therefore the claim was capable of being subject to a claim for contribution. The fact that different sums might be payable did not mean that the claims were different. It was not correct to try to judge the issue of whether it would be just and equitable to make an order at an interlocutory stage.
Civil Liability (Contributions) Act 1978
1 Cites
1 Citers
Young v Smart [2001] EWCA Civ 1583
10 Oct 2001
CA
Sedley LJ
Professional Negligence
[ Bailii ]
Farley v Skinner; HL 11-Oct-2001 - Times, 15 October 2001; Gazette, 18 October 2001; [2001] UKHL 49; [2002] 2 AC 732; [2001] 3 WLR 899; [2001] All ER 801
Sullivan v Moody (2001) 207 CLR 562
11 Oct 2001
Gleeson CJ, Gaudron, McHugh, Hayne and Callinan JJ
Health Professions, Professional Negligence, Commonwealth
(High Court of Australia) A medical practitioner who examines and reports on the condition of an individual may owe a duty to more than one person: "The duty for which the [appellant fathers] contend cannot be reconciled satisfactorily, either with the nature of the functions being exercised by the [medical practitioners and others investigating allegations of child sex abuse], or with their statutory obligation to treat the interests of the children as paramount. As to the former, the functions of examination, and reporting, require, for their effective discharge, an investigation into the facts without apprehension as to possible adverse consequences for people in the position of the appellants or legal liability to such persons. As to the latter, the interests of the children, and those suspected of causing their harm, are diverse, and irreconcilable. That they are irreconcilable is evident when regard is had to the case in which examination of a child alleged to be a victim of abuse does not allow the examiner to form a definite opinion about whether the child has been abused, only a suspicion that it may have happened. The interests of the child, in such a case, would favour reporting that the suspicion of abuse has not been dispelled; the interests of a person suspected of the abuse would be to the opposite effect."
Austlii Torts - Negligence - Duty of care - Appellants suspected of sexually abusing their children - Alleged negligence of respondents in investigating and reporting on allegations - Appellants claimed that they suffered shock, distress, psychiatric injury, and consequential personal and financial loss as a result of the accusations - Whether medical practitioners, social workers and departmental officers involved in investigating and reporting upon allegations of child sexual abuse owe a duty of care to suspects.
1 Citers
[ Austlii ]
Aneco Reinsurance Underwriting Limited (In Liquidation) (a Body Incorporate Under the Laws of Bermuda) v Johnson and Higgins Limited; HL 18-Oct-2001 - [2001] UKHL 51; [2002] 1 Lloyd's Rep 157
Groom v Selby [2001] EWCA Civ 1522; [2002] Lloyds Rep Med 1
18 Oct 2001
CA
Lord Justice Brooke, Lady Justice Hale, And Mr Justice David Steel
Professional Negligence, Damages
The defendant negligently failed to discover the claimant's pregnancy. A severely disabled child was born. The question was as to the responsibility for payment of excess costs of raising a severely disabled child, a claim for economic loss. The child was damaged as a foreseeable result of contamination as it passed through the birth canal. An award of compensation limited to the special upbringing associated with rearing a child with a serious disability was fair, just and reasonable. Held: (Brook LJ) "there was no difficulty in principle in accepting the proposition that the doctor should be deemed to have assumed responsibility for the foreseeable and disastrous consequences of performing her services negligently. The doctor knew that the claimant had been sterilised and wanted no more children (let alone children with serious handicaps) and the duty of care included the purpose of ensuring that if the claimant was pregnant again she should be informed of that to allow her to prevent the birth of another child if she wished. He also found an award of compensation limited to the special upbringing associated with rearing a child with serious disability would be fair, just and reasonable."
"The principles applicable in wrongful birth cases cannot sensibly be distinguished from the principles applicable in wrongful conception cases."
Brooke LJ said: "Since [the defendant's] breach of duty caused the claimant's pregnancy to continue, when it would otherwise have been terminated, and since Mr Coghlan conceded that the chain of events that took place in this case was foreseeable even if it was extremely rare, then if this was a straightforward personal injuries claim the way would ordinarily be open for the claimant to recover damages for negligence."
Hale LJ said: "It is fair, just and reasonable that a doctor who has undertaken the task of protecting a patient from unwanted pregnancy should bear the additional costs if that pregnancy results in a disabled child."
1 Cites
1 Citers
[ Bailii ]
Stegers v Donne Mileham and Haddock [2001] EWCA Civ 1587
23 Oct 2001
CA
Personal Injury, Professional Negligence
Application for leave to appeal out of time.
[ Bailii ]
Grimm v Newman and Another [2001] EWHC Ch 454
1 Nov 2001
ChD
Professional Negligence
Mr Grimm was given advice about the tax consequences of bring foreign investments into the country as a gift to his wife so that she could purchase property. He was advised that it would not have adverse tax consequences, but after the event he was charged to tax. Held: An alternatice scheme was available to the claimant which would have been effective, and the advice was negligent.
1 Cites
1 Citers
[ Bailii ]
MP (a Child) v Mid-Kent Healthcare Trust; CA 5-Nov-2001 - Times, 19 November 2001; Gazette, 14 December 2001; [2001] EWCA Civ 1703; [2002] CPLR 27; (2002) 65 BMLR 43; [2002] Lloyd's Rep Med 33; [2002] 3 All ER 688; [2002] 1 WLR 210
Babicki and Another v Rowlands (A Firm) [2001] EWCA Civ 1720; [2002] Lloyd's Rep PN 121
6 Nov 2001
CA
Professional Negligence, Limitation
[ Bailii ]
De Maynard v Streatham Hill Veterinary Surgery [2001] EWCA Civ 1728
8 Nov 2001
CA
Sir Anthony Evans
Professional Negligence
Application for leave to appeal - refused
[ Bailii ]
Graham v Central Manchester Healthcare Trust [2001] EWCA Civ 1697
13 Nov 2001
CA
May LJ
Litigation Practice, Professional Negligence
[ Bailii ]
Jones v South Tyneside Health Authority [2001] EWCA Civ 1701
14 Nov 2001
CA
Professional Negligence
[ Bailii ]
Persson v Ashford (T/A Ashfords Independent Professional Conveyancers) [2001] EWCA Civ 1800
20 Nov 2001
CA
Torts - Other, Professional Negligence
[ Bailii ]
Gooden v Northamptonshire County Council [2001] EWCA Civ 1744; [2001] 49 EGCS 116; [2002] PNLR 18; [2002] 1 EGLR 137; [2001] NPC 167
20 Nov 2001
CA
The Vice-Chancellor, Lord Justice Buxton, And, Lady Justice Arden
Professional Negligence
The Council went above and beyond its statutory duty to maintain a list of the streets maintainable at public expense when responding to a specific enquiry about certain roadways. Held: When responding to the enquiry, the council was aware of the identified individual purchaser.
[ Bailii ]
Barings Plc and Another v Coopers and Lybrand and Others; etc; ChD 23-Nov-2001 - [2001] EWHC Ch 461
Tee-Hillman v Heppenstalls (A Firm) [2001] EWCA Civ 1947
29 Nov 2001
CA
Professional Negligence
1 Citers
[ Bailii ]
Excelsior Commercial and Industrial Holdings Ltd v Salisbury Hammer Aspden and Johnson (A Firm) and others [2001] EWCA Civ 2083
30 Nov 2001
CA
Professional Negligence
1 Citers
[ Bailii ]
Ogle v Metcalfe Mather Pepper and Another [2001] EWCA Civ 2035
7 Dec 2001
CA
Professional Negligence
Renewed application for leave to appeal.
[ Bailii ]
Pattison v Messrs Clarksons and Steele [2001] EWCA Civ 1959
13 Dec 2001
CA
Professional Negligence
[ Bailii ]
Gribbon v Lutton and Another Times, 04 December 2001; [2001] EWCA Civ 1956; [2002] 2 EGCS 100; [2002] NPC 2; [2002] QB 902; [2002] PNLR 19; [2002] 2 WLR 842; [2002] Lloyd's Rep PN 272
19 Dec 2001
CA
Lord Justice Pill, Lord Justice Robert Walker and Mr Justice Laddie
Professional Negligence, Litigation Practice, Estoppel
The defendant solicitors acted in obtaining and holding a deposit on the sale of land. They issued interpleader proceedings which decided that the deposit was payable to the purchaser. The vendor then sued the solicitors in negligence. The solicitors were faced with two courts making different and contradictory decisions on the same facts as to the destination of the deposit, and claimed that the decision of the first court was incorrect. Held: The solicitor had initiated the interpleader proceedings, and could not be heard to complain about it. The application was an abuse of process. The claim in negligence succeeded because the defendants had failed to secure for their client an enforceable bipartite agreement under which the deposit would be forfeit if the prospective purchaser did not proceed. No issue estoppel arose in their favour because they were not parties in any real sense to the original proceedings.
Laddie J, sitting as a judge of the Court of Appeal, said (as to Chillingworth): "All the judge was saying was that if that [the 10 July document] had been a binding contract, suitable wording could have been inserted into it to make the deposit non-refundable."
1 Cites
1 Citers
[ Bailii ]