Causation crucial

Gregg v Scott (CA TLR 4 November)

The claimant claimed damages for diminution of his life expectancy, but there had not been any material change in his tumour during the nine months in which his treatment was delayed because of his doctor’s wrong diagnosis. By a 2-1 majority, with leave to appeal to the House of Lords, the court held that the claimant had not established on the balance of probability that the admitted negligence of his medical practitioner had had a material effect on the outcome of his lymphoma.