Gascoine v Ian Sheridan & Co and Latham

[1994] LS Law Med 437

QUEEN'S BENCH DIVISION

and Mr Justice MITCHELL

Professional liability — Solicitor and barrister — Negligence — Limitation — Causation — Patient consulting gynaecologist following abnormal smear test — Diagnosis of severe dysplasia or carcinoma in situ — Vaginal hysterectomy — No indication of invasive malignancy — Histological report of infiltrating squamous carcinoma invading cervix to depth of 2mm — Radiotherapist prescribing external pelvic irradiation — Conditions attributable to radiotherapy necessitating an ileostomy — Plaintiff's subsequent medical negligence action struck out for want of prosecution — Whether plaintiff's claim against her solicitors and barrister barred under Limitation Act 1980 — Whether plaintiff's action would have inevitably failed because negligence by health authority could not have been established