Professional Flashcards
(23 cards)
What case defines who is a professional?
Dickson v Hygienic Institute
What is a professional?
Somoeone who performs a special service ro art and professes or announces they have such a skill
What case states that the test is not a comparison between the ordinary man but between the ordinary professional?
Bolam
What case sets the ordinary professional test that is applied in all professions?
Hunter v Hanley
What are the three steps to this test?
- That there is a usual practice
- That D did not adopt that practice
- That the course D adopted was one which no professional of ordinary skill would take if acting with ordinary care
What case confirms that it is not the courts job to pick one body of evidence over another?
Maynard v West Midlands Regional Health Authority
What case states that so long as professional opinion is reasonable and reliable and able to withstand logical analysis the court will not find negligence?
Bolitho v City and Hackney Health Authority
Which case states that Hunter test only applies to diagnosis and treatment and not advice?
Montgomery v Lanarkshire Health Board
What standard is advice held to follow Montgomery?
To give reasonable care (normal standard).
Which case shows that Hunter does not extend to all hospital staff and answering questions incorrectly should be judged on simple negligence?
Darnley v Croydon Health Service
Which case states poor drafting can result in legal negligence?
STV Central.
What does Robertson v Fleming state?
Solicitors do not have liability to third party
Why does the decision of Henderson v Merret alter the position in Robertson?
The judgement says that in cases of PEL if D voluntarily assumes responsibility for Ps finances, There is an accepted reliance from P on D. So long as there is no negativation of delictual responsibility in contract.
Why is Hedley Burn relevant?
Because if there was a careless misrepresentation on behalf of D and it caused P to suffer PEL. This means that solicitors who were negligent and caused PEL could be liable.
What does the case of White v Jones do
Reponds to Henderson v Merret. Extends the law of third parties to disappointed beneficiaries of wills.
How do the judges in White v Jones justify there decision?
They say there is lacuna in the law. They say it is fair just and reasonable to extend law in this case.
Which case shows that White v Jones is limited.
Macleod v Crawford
What else does Macleod say should not allow liability to be extended to third parties?
Potential conflicts of interest
What case gives immunity to Scottish and English solicitors in court matters as well as advocates/barristers?
Rondel v Worsley
Which case overturns decision of Rondel in civil and criminal matters?
Arthur JS Hall
What does Lord Hope Opine in Hall?
Immunity should remain in criminal cases but agrees with decision on civil.
How is Arthur JS Hall received in Scotland?
Highly influential and likely to be followed.
What did Wright v Paton state?
That solicitors and advocates still had immunity in criminal cases. But in obiter they suggested that in civil cases immunity would not be persevered.
