Landall v Dennis Faulkner & Alsop (a firm) & Alsop

(1994) 5 Med LR 268

QUEEN'S BENCH DIVISION

and Mr Justice HOLLAND

Pleadings — Striking out — Reasonable cause of action — Abuse of process — Personal injury action compromised in reliance on medical report — Action in negligence against solicitors, counsel and medical expert alleging negligent advice — Whether pleadings should be struck out as disclosing no cause of action or frivolous, vexatious and abuse of process — RSC Order 18, rule 19. — Professional liability — Consultant surgeon — Medical report by orthopaedic surgeon opining that spinal fusion operation would relieve plaintiff's pain — Compromise of personal injury action in reliance on report — Whether surgeon could be sued in negligence. — Professional liability — Barrister — Medical report by orthopaedic surgeon — Court door compromise of personal injury action in reliance on report — Whether barrister could be sued in negligence — Whether pleadings should have been amended. — Professional liability — Solicitor — Compromise of personal injury action in reliance on expert medical report — Whether solicitor could be sued in negligence