header-logo header-logo

30 March 2007 / B Mahendra
Issue: 7266 / Categories: Features , Legal services , Profession
printer mail-detail

Mistakes in court

B Mahendra reports on the recent cases involving elementary faults, conflicts of interest and causation

Given that expert evidence has fea­-tured for centuries in the English legal system it is surprising that some simple and glaring errors are still made or found in the courts.

unproduced evidence

In Breeze v Ahmed [2005] EWCA Civ 233, [2005] All ER (D) 134 (Mar), the facts involved allegations of clinical negligence against a GP. It was claimed that the GP had not properly examined a patient who had presented with chest pains; had he done so the patient’s heart attack might have been detected and his life saved. At trial, the judge had preferred the opinion of the expert for the defence who said even if the defendant GP had carried out a competent examination, with rapid admission to hospital following that examination, the patient would still have died.

The defence expert said recent medical literature supported his views, a fact that appears to have impressed the judge. The problem was that the defence expert had

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll