The defendant had taken a blood sample. The claimant asserted that because the needle had been inserted incorrectly she had suffered damage to her wrist.
Held: Guidance from cases involving allegations of fraud could be relevant when assessing evidence in a case which was inherently unlikely. Something happened, but it was very unlikely to be what the claimant described. The judgment could not be upheld. A retrial was ordered.
Judges:
Lord Justice Brooke Mr Justice Holman Lord Justice Waller
Citations:
[2003] EWCA Civ 1160, Gazette 02-Oct-2003
Links:
Jurisdiction:
England and Wales
Citing:
Applied – Armagas Ltd v Mundogas SA (‘The Ocean Frost’) CA 1985
Proof of corruption not needed for bribe
In establishing that money was paid as an improper inducement or bribe, proof of corruptness or a corrupt motive was unnecessary.
When a court looks at a decision of a judge at first instance, the court stressed the need to look at the . .
Cited – Grace Shipping v CF Sharp and Co (Malaya) Pte Ltd PC 10-Dec-1986
(Singapore) When a court has to weigh the various and varying recollections of witnesses about what was said at meetings which occurred in the distant past, the surest guides are the contemporaneous documents and the overall probabilities.
Lord . .
Cited by:
Cited – Henry v British Broadcasting Corporation QBD 9-Mar-2006
The claimant said that the defendant had accused her of falsifying hospital waiting statistics. The defendant pleaded justification.
Held: There were stark differences in the evidence given by different witnesses. Nevertheless the evidence . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 07 June 2022; Ref: scu.185229