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Bloomsburry Family law

Clinical negligence

 (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.

Malcolm Gregg v James Andrew Scott [2005] UKHL 2

Cancer – Causation – Clinical negligence – Damages – Diagnosis – Loss of opportunity – Lymph vessels – Non-Hodgkin’s Lymphoma – Misdiagnosis – Quantifying loss – Balance of probabilities – Possibilities – Loss of a chance – Increased risk of injury being suffered – Reduction in prospects of successful outcome – Loss of expectation of life