Relying on Counsel’s Advice

Oakes v Hopcroft (CLW 15 September CA)

The claimant injured her arm at work in 1980 and commenced proceedings for damages for personal injury against her employers in 1983. On the basis of a medical report stating that the claimant would make a full recovery, she accepted the sum of £2,000 on the advice of counsel. She continued to have problems and in 1990 a different consultant advised that she had a permanent disability and that the earlier diagnosis was negligent.