Items starting with Z

After judgment finding that some of the Defendants were liable for breach of fiduciary duty and others for conspiracy or dishonest assistance in breach of a fiduciary duty the Court made a number of findings related to consequential orders distinguishing between those liable for breach of fiduciar......

A claim alleging that the second and eighth defendants had participated in a conspiracy to defraud had been sufficiently pleaded and it would not be appropriate to strike it out. ......

The general practitioner's failure to immediately refer a patient suffering from bilateral sciatica to a surgeon was not negligent. On the facts, a surgeon would not have been negligent in not admitting the patient for surgery, and so it followed that the general practitioner could not be negligent......

Causation: In an action for damages against her general practitioner the Claimant alleged that he should have immediately referred her to an orthopaedic surgeon for an appointment that day rather than providing a standard written referral. In considering the issue of whether the general practitione......

An action by an insurance company alleging that the settlement of an earlier PI action was obtained by fraud and/or misrepresentation should not have been struck out. An insurance company appealed against a decision to strike out its claim for fraud and/or misrepresentation following the settlem......