Date: Wed, 11 Oct 2006 12:37:34 +0100

From: Andrew Tettenborn

Subject: Employer's claim for injury to employee

The English CA today quite rightly confirmed that a doctor owes a duty to his patient & not to the latter's employer, however foreseeable.

Hence where a football club footed the bill for one of its players to have private treatment from a consultant and the consultant allegedly bungled things, the club (absent a contract between it and the consultant, not found) had no claim for its lost profits.

See West Bromwich Albion Football Club Ltd v El-Safty [2006] EWCA Civ 1299, upholding [2006] PNLR 18.

Best

Andrew

--
Andrew Tettenborn MA LLB
Bracton Professor of Law
University of Exeter, England

Tel: 01392-263189 / +44-392-263189 (outside UK)
Cellphone: 07870-130528 / +44-7870-130528 (outside UK)
Fax: 01392-263196 / +44-392-263196 (outside UK)

Snailmail: School of Law,
University of Exeter,
Amory Building,
Rennes Drive,
Exeter EX4 4RJ
England

Exeter Law School homepage: http://www.law.ex.ac.uk
My homepage: http://www.law.ex.ac.uk/staff/tettenborn.shtml

LAWYER, n. One skilled in circumvention of the law (Ambrose Bierce, 1906).

<<<< Previous Message  ~  Index  ~  Next Message >>>>>