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The clinical negligence decision of the House of Lords in Chester v Afshar [2004] UKHL 41 is most usually thought of as a case on causation. In brief, Chester was a remarkable three-to-two decision.
The judgment focuses on two important cases. The first is the well-known and much debated decision in Chester v Afshar [2005] 1 AC 134. In that case a surgeon failed to warn the claimant about a small ...
It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41. The Claimant advanced a range of arguments on breach of duty ...