header-logo header-logo

Mistakes in court

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

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll