Glyn (t/a Priors Farm Equine Veterinary Surgery) v McGarel-Groves & Ors

Glyn (t/a Priors Farm Equine Veterinary Surgery) v McGarel-Groves & Ors

Both Msr. Grandiere and Mr Glyn breached their respective duties of care to Mrs McGarel-Groves by administering and failing to prevent inappropriate and excessive steroid treatment without warning of the risk of laminitis, directly causing the death of the horse and the owner's loss. Liability is apportioned 85% to Msr. Grandiere and 15% to Mr Glyn.

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) / Judgment After Trial
Outcome
Judgment for Mrs McGarel-Groves for damages in the sum of £350,000, apportioned 85% to Msr. Grandiere and 15% to Mr Glyn.
Legal Topics
Veterinary Negligence, Duty of Care, Causation, Damages, Apportionment of Liability, Informed Consent
Tort Law Professional Negligence Veterinary Negligence Duty of Care Causation Damages Apportionment of Liability Informed Consent

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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) / Judgment After Trial

Legal Issues

  1. 1 Whether the veterinary surgeons breached their duty of care to the horse owner
  2. 2 Whether the treatment administered was negligent
  3. 3 Whether the owner was adequately warned of risks

Ratio Decidendi

Both Msr. Grandiere and Mr Glyn breached their respective duties of care to Mrs McGarel-Groves by administering and failing to prevent inappropriate and excessive steroid treatment without warning of the risk of laminitis, directly causing the death of the horse and the owner's loss. Liability is apportioned 85% to Msr. Grandiere and 15% to Mr Glyn.

Court Disposition

Judgment for Mrs McGarel-Groves for damages in the sum of £350,000, apportioned 85% to Msr. Grandiere and 15% to Mr Glyn.

Orders

  • Damages awarded to Mrs McGarel-Groves in the sum of £350,000.
  • Liability apportioned 85% to Msr. Grandiere and 15% to Mr Glyn.