Chester v Afshar
| Jurisdiction | UK Non-devolved |
| Judge | LORD BINGHAM OF CORNHILL,LORD STEYN,LORD HOFFMANN,LORD HOPE OF CRAIGHEAD,LORD WALKER OF GESTINGTHORPE |
| Judgment Date | 14 October 2004 |
| Neutral Citation | [2004] UKHL 41 |
| Date | 14 October 2004 |
| Court | House of Lords |
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131 cases
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Mrs Gabriele Shaw (The Personal Representative of the Estate of William Ewan (Deceased)) (Appellant/Claimant) v Dr Jan Kovac and Another (Respondents/Defendants)
...differently from that outlined in the pleaded case and Schedule of Loss. He placed reliance on Montgomery (cited above) and also on Chester v Afshar [2004] UKHL 41, [2005] 1 AC 134. As recorded by the judge, he had argued that a patient had an autonomous right to choose what treatment to a......
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O'Leary (A Minor) v Health Service Executive, Ireland
...to it. 22 This Court should overrule the decision in Geoghegan v. Harris [2000] 3 I.R. 536 because of the House of Lords decision in Chester v. Afshar [2005] A.C. 134 23 The law of trespass to the person imposed on the doctor the burden of proving that he had consent for the vaccination. D......
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Shaw v Kovac and Another
...by Mr Berkley QC. Reliance was placed upon the Supreme Court decisions in Montgomery v Lanarkshire Health Board [2015] 2 WLR 162 and Chester v Afshar [2005] 1 AC 134. I hope I do Mr Berkley's eloquent argument justice if I summarise it in this way. In both Montgomery and Chester the Supreme......
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Ashley v Chief Constable of Sussex Police
...died as a result of the shooting, are not confined to a compensatory purpose but include also, in my opinion, a vindicatory purpose. In Chester v Afshar [2005] 1 AC 134, para 87 Lord Hope of Craighead remarked that "The function of the law is to enable rights to be vindicated and to provide......
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1 firm's commentaries
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The Unchanging Chance Of Winning On No.7 - Trial Success For The Defendant In Surgery Which Would Always Have Taken Place
...occurred in any event, the claim would fail on principles of legal causation following the House of Lords' decision in Chester v. Afshar [2004] UKHL 41 given that the delay did not alter the risk of the complications The Claimant's claim was dismissed. What can we learn from Pomphrey? The J......
49 books & journal articles
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MEDICAL NEGLIGENCE AND PATIENT AUTONOMY
...followed or supported by a responsible body of opinion in the relevant profession or trade’. 31[1985] 1 AC 871. 32[1999] PIQR P 53. 33[2005] 1 AC 134. 34 For a recent critique of this case, see Tamsyn Clark & Donal Nolan, “A Critique of Chester v Afshar”(2014) 34 OxJLS 659. 35 (1998) 195 CL......
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THE PROTECTION OF PERSONAL INTERESTS
...with respect to the non-disclosure of medical risks is currently somewhat isolated (see para 16 below). 37 (1998) 195 CLR 232. 38 [2005] 1 AC 134. 39 Chappel v Hart (1998) 195 CLR 232 and Chester v Afshar[2005] 1 AC 134 were decided in the wake of the seminal industrial-disease decision of ......
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Table of cases
...(1992), 94 D.L.R. (4th) 487, [1992] 6 W.W.R. 701, 70 B.C.L.R. (2d) 273, 12 C.C.L.T. (2d) 137 (C.A.) ... 148 Chester v. Afshar, [2004] 4 All E.R. 587 (H.L.) ................................................. 147 Childs v. Desormeaux, 2006 SCC 18, [2006] 1 S.C.R. 643, [2006] S.C.J. No. 18, aff......
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Table of Cases
...24, 26 Chappel v. Hart (1998), 195 C.L.R. 232, [1998] HCA 55 .......................................... 202 Chester v. Afshar (2004), [2004] UKHL 41, [2005] 1 A.C. 134 ................................ 202 Childs v. Desormeaux, [2006] 1 S.C.R. 643, 266 D.L.R. (4th) 257, 2006 SCC 18 ...............
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