Glyn (t/a Priors Farm Equine Veterinary Surgery) v McGarel-Groves & Ors [2005] EWHC 1629 (QB) (23 July 2005)

Glyn (t/a Priors Farm Equine Veterinary Surgery) v McGarel-Groves & Ors [2005] EWHC 1629 (QB) (23 July 2005)

Both Mr Glyn and Msr. Grandiere were found negligent. Msr. Grandiere administered excessive and unjustified doses of cortico-steroids (Kenacort 80 and Voren suspension) to Anna, causing laminitis and her subsequent destruction. Mr Glyn, as Anna's regular vet present at the treatment, owed a duty to intervene or at least to ascertain the drugs and dosages being administered; his failure to do so was a breach of duty. Mrs McGarel-Groves was not warned of the risk of laminitis, and had she been warned, she would not have consented. Causation was established and damages awarded for the agreed value of Anna.

Citation
[2005] EWHC 1629
Parties
Claimant and First Part 20 Defendant (1st Claim): Philip John Glyn (t/a Priors Farm Equine Veterinary Surgery); Defendant and Part 20 Claimant (1st Claim): Jane McGarel-Groves; Second Part 20 Defendant (1st Claim) and Part 20 Claimant (2nd Claim): Erik Grandiere; Part 20 Defendant (2nd Claim): Clinique Veterinaire Equine De Chantilly
Jurisdiction
England and Wales
Judgment Date
23 July 2005
Procedural Posture
Civil Negligence (veterinary Malpractice) / High Court Trial, Judgment
Outcome
Judgment for Mrs McGarel-Groves against Mr Glyn and Msr. Grandiere; indemnity as between Msr. Grandiere and the Clinique per settlement.
Legal Topics
Veterinary Malpractice, Duty of Care, Causation, Informed Consent, Damages for Loss of Animal, Indemnity Between Professionals
Tort Law Professional Negligence Veterinary Law Veterinary Malpractice Duty of Care Causation Informed Consent Damages for Loss of Animal +1 more

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Parties

Philip John Glyn (t/a Priors Farm Equine Veterinary Surgery)

Claimant and First Part 20 Defendant (1st Claim)

Jane McGarel-Groves

Defendant and Part 20 Claimant (1st Claim)

Erik Grandiere

Second Part 20 Defendant (1st Claim) and Part 20 Claimant (2nd Claim)

Clinique Veterinaire Equine De Chantilly

Part 20 Defendant (2nd Claim)

Procedural Posture

Civil Negligence (veterinary Malpractice) / High Court Trial, Judgment

Legal Issues

  1. 1 Whether Mr Glyn and/or Msr. Grandiere were negligent in the treatment of Anna on 18 May 2001
  2. 2 Whether Mrs McGarel-Groves was adequately warned of the risks of laminitis
  3. 3 Whether the administration of cortico-steroids was clinically justified and reasonable

Ratio Decidendi

Both Mr Glyn and Msr. Grandiere were found negligent. Msr. Grandiere administered excessive and unjustified doses of cortico-steroids (Kenacort 80 and Voren suspension) to Anna, causing laminitis and her subsequent destruction. Mr Glyn, as Anna's regular vet present at the treatment, owed a duty to intervene or at least to ascertain the drugs and dosages being administered; his failure to do so was a breach of duty. Mrs McGarel-Groves was not warned of the risk of laminitis, and had she been warned, she would not have consented. Causation was established and damages awarded for the agreed value of Anna.

Court Disposition

Judgment for Mrs McGarel-Groves against Mr Glyn and Msr. Grandiere; indemnity as between Msr. Grandiere and the Clinique per settlement.

Orders

  • Mr Glyn and Msr. Grandiere to pay damages of £350,000 to Mrs McGarel-Groves for the loss of Anna.
  • Interest on veterinary fees of £4,778.91 awarded to Mr Glyn (undisputed).