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Bloomsburry Family law

Clinical negligence

L v Pembrokeshire County Council [2006]

The policy consideration underlying the principle in JD v East Berkshire Community NHS Trust [2005] UKHL 23; [2005] 2 AC 373, that doctors or social workers who failed to exercise reasonable care and skill in erroneously concluding that a child was at risk of abuse from one or both of its parents were not liable in negligence to the parents of the child, was not rendered invalid or otherwise inapplicable by the fact that, after the coming into force of the Human Rights Act 1998, such a parent might have a claim under Art 8 of the European Convention on Human Rights 1950.

 (1) AMB Generali Holding AG (2) Manches (A Firm) (3) Specher Grier Halberstam (4) Portner & Jaskel (Appellants) v Seb Trygg Liv Holding Aktiebolag (Respondent)(Respondent) [2005] EWCA Civ 1237

The warranty that a solicitor gave was that he had a client who had instructed him to assert or deny the claims made in the proceedings against the opposing party. He did not warrant that the client had the name by which he appeared in the proceedings. As a matter of principle it would not be right to impose strict liability on a solicitor for incorrectly naming his client.