Chester v Afshar

JurisdictionUK Non-devolved
JudgeLORD BINGHAM OF CORNHILL,LORD STEYN,LORD HOFFMANN,LORD HOPE OF CRAIGHEAD,LORD WALKER OF GESTINGTHORPE
Judgment Date14 October 2004
Neutral Citation[2004] UKHL 41
Date14 October 2004
CourtHouse of Lords
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131 cases
  • Mrs Gabriele Shaw (The Personal Representative of the Estate of William Ewan (Deceased)) (Appellant/Claimant) v Dr Jan Kovac and Another (Respondents/Defendants)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 July 2017
    ...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......
  • O'Leary (A Minor) v Health Service Executive, Ireland
    • Ireland
    • Court of Appeal (Ireland)
    • 10 February 2016
    ...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......
  • Shaw v Kovac and Another
    • United Kingdom
    • Queen's Bench Division
    • 28 October 2015
    ...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......
  • Ashley v Chief Constable of Sussex Police
    • United Kingdom
    • House of Lords
    • 23 April 2008
    ...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
49 books & journal articles
  • MEDICAL NEGLIGENCE AND PATIENT AUTONOMY
    • Singapore
    • Singapore Academy of Law Journal No. 2015, December 2015
    • 1 December 2015
    ...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......
  • THE PROTECTION OF PERSONAL INTERESTS
    • Singapore
    • Singapore Academy of Law Journal No. 2015, December 2015
    • 1 December 2015
    ...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 ......
  • Table of cases
    • Canada
    • Irwin Books Archive The Law of Torts. Third Edition
    • 2 September 2007
    ...(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......
  • Table of Cases
    • Canada
    • Irwin Books Archive Special Lectures 2008. Personal Injury Law
    • 2 September 2009
    ...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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