| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 12 (Aug) |
| Neutral Citation: | [2003] EWCA Civ 1160 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Brooke, Waller LJJ and Holman J |
| Representation | Jane Mishcon (instructed by Preston Goldburn) for the claimant. |
| Kate Gollop (instructed by the Solicitor for the Medical Protection Society) for the defendant. | |
| Judgment Dates: | 31 July 2003 |
Catchwords
Negligence - Duty of care - Medical practitioner - Finding of liability - Judge's approach to evidence - Appeal.
The Case
In the circumstances, the judge below had failed adequately to address inherent improbabilities in the claimant's case. In those circumstances, his finding of liability on the part of the defendant general practitioner could not stand, and a retrial was ordered.
Practice Areas
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