Courts are reluctant to strike out a claim at an early stage in a developing area of law if when all the facts are know the claim might succeed.
Citations:
[1998] EWCA Civ 1959, [1999] PNLR 511
Jurisdiction:
England and Wales
Cited by:
Cited – Binod Sutradhar v Natural Environment Research Council CA 20-Feb-2004
The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it.
Held: There is a close link between the tests in law for proximity . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 30 November 2022; Ref: scu.145438