Source: All England Reporter
Publisher Citation: [2001] All ER (D) 96 (Feb)
Court: Court of Appeal, Civil Division

Dame Elizabeth Butler-Sloss P, Mantell and Hale LJJ

Representation Paul Randolph (instructed by Saf Awan) for the claimant
  Christina Lambert (instructed by Capsticks) for the defendant.
Judgment Dates: 8 February 2001


Appeal - Ground of appeal - Failure to give reasons - Claimant bringing medical negligence action against defendant health authority - Case depending on conflict of evidence - Judge failing to make finding on primary issue - Whether judge in error.

The Case

On the facts of the instant medical negligence action, the judge had failed to address and make findings on the crucial issue of whose evidence was to be preferred and had he done so, he could only have come to the conclusion that the claimant's evidence was to be preferred.

Practice Areas

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