Warner v Penningtons (a firm) & Ors [2011] EWCA Civ 337 (10 March 2011)

Warner v Penningtons (a firm) & Ors [2011] EWCA Civ 337 (10 March 2011)

The Court held that Ms Watkins' report conveyed with reasonable clarity the advice that a care regime should be set up in advance of trial. The only outstanding allegation against Ms Watkins had no real prospect of success, making summary judgment appropriate.

Citation
[2011] EWCA Civ 337
Parties
Appellant: Lawrence Warner; Respondents: Penningtons (A Firm) & Others
Jurisdiction
England and Wales
Judgment Date
10 March 2011
Procedural Posture
Appeal From Summary Judgment in Professional Negligence Claim / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Expert Witness Immunity, Summary Judgment, Duty of Care, Interpretation of Expert Reports
Professional Negligence Personal Injury Expert Witness Immunity Summary Judgment Duty of Care Interpretation of Expert Reports

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lawrence Warner

Appellant

Penningtons (A Firm) & Others

Respondents

Procedural Posture

Appeal From Summary Judgment in Professional Negligence Claim / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Ms Watkins failed to advise that a care regime should be set up before trial
  2. 2 Whether summary judgment was appropriate given the context and wording of the expert report

Ratio Decidendi

The Court held that Ms Watkins' report conveyed with reasonable clarity the advice that a care regime should be set up in advance of trial. The only outstanding allegation against Ms Watkins had no real prospect of success, making summary judgment appropriate.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment in favour of Jacqueline Webb & Co upheld