Glyn v McGarel-Groves [2006] EWCA Civ 998 (14 July 2006)

Glyn v McGarel-Groves [2006] EWCA Civ 998 (14 July 2006)

Mr Glyn, by accepting a duty to observe and intervene if treatment was inappropriate, was obliged to make reasonable enquiries as to the nature and dosage of drugs administered by Msr Grandiere. His failure to do so rendered him unable to fulfil his duty to protect the animal's welfare, constituting a breach of his contractual duty of care to Mrs McGarel-Groves.

Citation
[2006] EWCA Civ 998
Parties
Claimant/appellant, First Part 20 Defendant (first Claim): Philip John Glyn; Defendant/respondent, Part 20 Claimant (first Claim): Jane McGarel-Groves; Second Part 20 Defendant (first Claim), Part 20 Claimant (second Claim): Erik Grandiere; Part 20 Defendant (second Claim): Clinique Veterinaire Equine De Chantilly
Jurisdiction
England and Wales
Judgment Date
14 July 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (queen's Bench Division)
Outcome
Appeal dismissed
Legal Topics
Veterinary Negligence, Scope of Contractual Duty, Duty of Care, Apportionment of Liability, Breach of Professional Duty
Professional Negligence Contract Law Tort Law Veterinary Negligence Scope of Contractual Duty Duty of Care Apportionment of Liability Breach of Professional Duty

Case Brief

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Parties

Philip John Glyn

Claimant/appellant, First Part 20 Defendant (first Claim)

Jane McGarel-Groves

Defendant/respondent, Part 20 Claimant (first Claim)

Erik Grandiere

Second Part 20 Defendant (first Claim), Part 20 Claimant (second Claim)

Clinique Veterinaire Equine De Chantilly

Part 20 Defendant (second Claim)

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether Mr Glyn, as attending vet, owed a contractual duty of care to intervene or enquire about the treatment administered by another vet
  2. 2 Whether the scope of Mr Glyn's retainer included a duty to monitor or supervise treatment by another professional
  3. 3 Whether failure to enquire as to drugs and dosages constituted breach of duty

Ratio Decidendi

Mr Glyn, by accepting a duty to observe and intervene if treatment was inappropriate, was obliged to make reasonable enquiries as to the nature and dosage of drugs administered by Msr Grandiere. His failure to do so rendered him unable to fulfil his duty to protect the animal's welfare, constituting a breach of his contractual duty of care to Mrs McGarel-Groves.

Court Disposition

Appeal dismissed

Orders

  • Mr Glyn found in breach of contractual duty of care to Mrs McGarel-Groves
  • Liability apportioned 85% to Mr Glyn, 15% to Msr Grandiere