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Seychelles Case Law

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Medical negligence [2024] SCSC 120

Laurence v Attorney General & Anor (CS 90 of 2019)

Laurence v Attorney General & Anor (CS 90 of 2019) [2024] SCSC 120 (26 July 2024)

Medical negligence claim dismissed after the court found the hospital’s treatment of a child with sepsis was timely, scientific, and not shown to be negligent.

  • Medical malpractice
  • Vicarious liability
  • Pain and suffering
  • Moral damages
  • Hospital-acquired infection
  • Standard of care
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Tort law [2023] SCSC 215

Public Utilities Corporation v Dubignon

Public Utilities Corporation v Dubignon (Civil 311 of 2021) [2023] SCSC 215 (24 March 2023)

The Appellant's acts and omissions were the sole and immediate cause of the Respondent's injuries, constituting a faute in law. The Magistrate's findings on evidence, causation, fault, and quantum of damages were justified and not manifestly excessive. The appeal is dismissed with costs.

  • Faute (fault)
  • Causation
  • Quantum of damages
  • Standard of care
  • Third party liability
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Tort law [2022] SCCA 1

Carolus and Others v Scully and Others (SCA 39 of 2019)

Carolus and Others v Scully and Others (SCA 39 of 2019) [2022] SCCA 1 (28 January 2022)

The Court of Appeal quashed a Supreme Court judgment in an unlawful-search claim, holding the trial judge failed to properly evaluate the evidence.

  • Unlawful search
  • Detention
  • Burden of proof
  • Standard of care
  • Police immunity
  • Unlawful-search
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Insurance law [2017] SCSC 76

Progress Insurance Broker (Pty) Ltd (CS 6/2015)

Progress Insurance Broker (Pty) Ltd (CS 6/2015) [2017] SCSC 76 (1 February 2017)

The Supreme Court of Seychelles allowed an insurer-broker appeal, finding the respondent failed to prove negligence on a balance of probabilities.

  • Negligence of insurance broker
  • Burden of proof
  • Standard of care
  • Vicarious liability
  • Insurance-broker-negligence
  • Civil-appeals
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Medical negligence [2016] SCCA 31

Hertel v Government of Seychelles (SCA 2 of 2014)

Hertel v Government of Seychelles (SCA 2 of 2014) [2016] SCCA 31 (9 December 2016)

The Seychelles Court of Appeal dismissed a medical negligence claim arising from a thyroidectomy, finding no proven negligence or causal link for the loss of voice.

  • Vicarious liability
  • Burden of proof
  • Medical malpractice
  • Standard of care
  • Medical-negligence
  • Burden-of-proof
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Tort law [2016] SCSC 560

Laurette v The Government of Seychelles (CS 133/2008)

Laurette v The Government of Seychelles (CS 133/2008) [2016] SCSC 560 (29 July 2016)

The court found medical negligence only in the delayed CT scan, awarding damages for three days of pain and suffering, but not for the plaintiff’s blindness.

  • Vicarious liability
  • Standard of care
  • Medical malpractice
  • Damages
  • Medical-negligence
  • Vicarious-liability
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Tort [2015] SCCA 47

Nanon & Anor v Ministry of Health Services & Ors (SCA 5 of 2012)

Nanon & Anor v Ministry of Health Services & Ors (SCA 5 of 2012) [2015] SCCA 47 (17 December 2015)

The Court of Appeal held the appellants failed to prove medical negligence in labour and delivery, but awarded damages for distress caused by conflicting birth records.

  • Negligence
  • Medical malpractice
  • Standard of care
  • Damages
  • Burden of proof
  • Delict
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Tort [2013] SCSC 130

Hertel vs Government of Seychelles (CS 356.2010)

Hertel vs Government of Seychelles (CS 356.2010) [2013] SCSC 130 (6 December 2013)

Medical negligence claim from a thyroidectomy dismissed after the court found the complication was recognised, consent was obtained, and no breach of care was proved.

  • Vicarious liability
  • Standard of care
  • Consent to medical treatment
  • Medical complications
  • Medical-negligence
  • Informed-consent
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Criminal law [2013] SCSC 76

R vs Gobine (CO 03.2008)

R vs Gobine (CO 03.2008) [2013] SCSC 76 (8 November 2013)

The court acquitted the accused of causing death by dangerous driving but convicted him of negligent driving after a fatal overtaking manoeuvre on a wet road.

  • Causing death by dangerous driving
  • Negligent driving
  • Standard of care
  • Elements of dangerous driving
  • Elements of negligent driving
  • Dangerous-driving
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Tort [2012] SCSC 54

Vel v Benjee (CS 84/2004)

Vel v Benjee (CS 84/2004) [2012] SCSC 54 (25 July 2012)

The Supreme Court dismissed a medical negligence claim, holding that the plaintiff produced no expert evidence or other proof of breach of duty or causation.

  • Negligence
  • Vicarious liability
  • Standard of care
  • Burden of proof
  • Medical-negligence
  • Professional-negligence
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Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.