Moving on from Bolam

23 Nov 2016

For the first time outside a medical context, the High Court declined to apply the traditional Bolam v Friern Barnet Hospital Management Committee [1957] 1 WLR 582 test for the standard of care in favour of the new test in Montgomery v Lanarkshire Health Board [2015] AC 1430.

In O’Hare & ors v Coutts & Co [2016] EWHC 2224 (QB), Coutts, the private bank, was found to owe a duty to take reasonable care to ensure its clients were aware of the risks of suggested investments. This is an important development in professional negligence law and one that may have far-reaching consequences.

The cla...

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