Warner v Penningtons (a firm) & Ors

Warner v Penningtons (a firm) & Ors

The words used by Ms Watkins in her report, read objectively in context, conveyed with reasonable clarity the advice that a care regime should be set up in advance of trial. There was no real prospect of success in the allegation of negligence, making summary judgment appropriate.

Parties
Appellant: Lawrence Warner; Respondents: Penningtons (A Firm) & Others; Third Party: Jacqueline Webb & Co
Jurisdiction
England and Wales
Judgment Date
10 March 2011
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
appeal dismissed
Legal Topics
Expert Witness Liability, Summary Judgment, Solicitor Negligence, Care Needs Assessment
Professional Negligence Personal Injury Expert Witness Liability Summary Judgment Solicitor Negligence Care Needs Assessment

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

Jacqueline Webb & Co

Third Party

Procedural Posture

Civil Appeal / Appeal From Summary 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 content of the expert report

Ratio Decidendi

The words used by Ms Watkins in her report, read objectively in context, conveyed with reasonable clarity the advice that a care regime should be set up in advance of trial. There was no real prospect of success in the allegation of negligence, making summary judgment appropriate.

Court Disposition

appeal dismissed

Orders

  • summary judgment in favour of Jacqueline Webb & Co upheld
  • no further action against Ms Watkins