Giles v Chambers

Giles v Chambers

The Defendant performed an unrequested high definition liposuction procedure, removing excessive fat and causing cosmetic and psychiatric injury. The Claimant did not consent to this procedure. Negligence and breach of contract are established, and the injuries and losses are causally linked to the Defendant's actions.

Parties
Claimant: Tracey Giles; Defendant: Dr Alexandra Chambers
Jurisdiction
England and Wales
Judgment Date
17 July 2017
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Claimant
Legal Topics
Cosmetic Surgery, Duty of Care, Breach of Contract, Causation, Quantum of Damages, Expert Evidence
Medical Negligence Contract Law Tort Law Cosmetic Surgery Duty of Care Breach of Contract Causation Quantum of Damages +1 more

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Parties

Tracey Giles

Claimant

Dr Alexandra Chambers

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What type of cosmetic surgery did the Claimant request and contract for?
  2. 2 Was the Defendant negligent and/or in breach of duty in performing the surgery?
  3. 3 Did the Defendant fail to leave a continuous subcutaneous fat layer?

Ratio Decidendi

The Defendant performed an unrequested high definition liposuction procedure, removing excessive fat and causing cosmetic and psychiatric injury. The Claimant did not consent to this procedure. Negligence and breach of contract are established, and the injuries and losses are causally linked to the Defendant's actions.

Court Disposition

Judgment for the Claimant

Orders

  • Defendant to pay general damages for pain, suffering and loss of amenity (£45,000 plus interest)
  • Defendant to pay special damages for past and future losses as assessed