Professional

Question 1

What case defines who is a professional?

Answer 1

Dickson v Hygienic Institute

Question 2

What is a professional?

Answer 2

Somoeone who performs a special service ro art and professes or announces they have such a skill

Question 3

What case states that the test is not a comparison between the ordinary man but between the ordinary professional?

Answer 3

Bolam

Question 4

What case sets the ordinary professional test that is applied in all professions?

Answer 4

Hunter v Hanley

Question 5

What are the three steps to this test?

Answer 5

• That there is a usual practice
• That D did not adopt that practice
• That the course D adopted was one which no professional of ordinary skill would take if acting with ordinary care

Question 6

What case confirms that it is not the courts job to pick one body of evidence over another?

Answer 6

Maynard v West Midlands Regional Health Authority

Question 7

What case states that so long as professional opinion is reasonable and reliable and able to withstand logical analysis the court will not find negligence?

Answer 7

Bolitho v City and Hackney Health Authority

Question 8

Which case states that Hunter test only applies to diagnosis and treatment and not advice?

Answer 8

Montgomery v Lanarkshire Health Board

Question 9

What standard is advice held to follow Montgomery?

Answer 9

To give reasonable care (normal standard).

Question 10

Which case shows that Hunter does not extend to all hospital staff and answering questions incorrectly should be judged on simple negligence?

Answer 10

Darnley v Croydon Health Service

Question 11

Which case states poor drafting can result in legal negligence?

Answer 11

STV Central.

Question 12

What does Robertson v Fleming state?

Answer 12

Solicitors do not have liability to third party

Question 13

Why does the decision of Henderson v Merret alter the position in Robertson?

Answer 13

The judgement says that in cases of PEL if D voluntarily assumes responsibility for Ps finances, There is an accepted reliance from P on D. So long as there is no negativation of delictual responsibility in contract.

Question 14

Why is Hedley Burn relevant?

Answer 14

Because if there was a careless misrepresentation on behalf of D and it caused P to suffer PEL. This means that solicitors who were negligent and caused PEL could be liable.

Question 15

What does the case of White v Jones do

Answer 15

Reponds to Henderson v Merret. Extends the law of third parties to disappointed beneficiaries of wills.

Question 16

How do the judges in White v Jones justify there decision?

Answer 16

They say there is lacuna in the law. They say it is fair just and reasonable to extend law in this case.

Question 17

Which case shows that White v Jones is limited.

Answer 17

Macleod v Crawford

Question 18

What else does Macleod say should not allow liability to be extended to third parties?

Answer 18

Potential conflicts of interest

Question 19

What case gives immunity to Scottish and English solicitors in court matters as well as advocates/barristers?

Answer 19

Rondel v Worsley

Question 20

Which case overturns decision of Rondel in civil and criminal matters?

Answer 20

Arthur JS Hall

Question 21

What does Lord Hope Opine in Hall?

Answer 21

Immunity should remain in criminal cases but agrees with decision on civil.

Question 22

How is Arthur JS Hall received in Scotland?

Answer 22

Highly influential and likely to be followed.

Question 23

What did Wright v Paton state?

Answer 23

That solicitors and advocates still had immunity in criminal cases. But in obiter they suggested that in civil cases immunity would not be persevered.