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Cited for principle that sympathy is not a ground for imposing legal liability.
Cited for principle that expert inferences must be reasonably capable of being drawn from facts.
Cited for principles regarding expert evidence and medical negligence.
Cited for approach to expert evidence and onus of proof in medical negligence cases.
Cited for the principle that opinion means any reference from observed facts and witnesses must speak only to that which was directly observed by them.
Applied to determine the minimum essential facts required before prescription runs and to confirm that legal conclusions such as invalidity are not facts.
Cited for the principle that an expert's bald statement of opinion is not of real assistance, and proper evaluation requires disclosure of the process of…
The Supreme Court of Appeal heard the appeal against the dismissal of the special plea of prescription. The court found that the High Court had erred in…
Cited for principles governing when a doctor is not negligent if decision supported by reasonable medical opinion.
Cited for principle that doctor's usual practice cannot substitute for inadequate medical records.
Cited for appellate court's liberty to interfere with factual findings based on inferences and probabilities.
Constitutional Court approved the principles from Michael v Linksfield regarding medical negligence.
Cited for principle that expert opinion must be based on facts found to exist.
Cited for summary of applicable principles regarding medical negligence test.
Cited for approach to weighing evidence against general probabilities and credibility.
Cited for recent reaffirmation of principles regarding reluctance to disturb trial court's findings of credibility and fact.
Cited for principle that direct evidence carries greater weight than expert reconstruction.
Cited for principles of causation in delictual claims.
Cited for principle that direct evidence is preferable to expert reconstruction.
Cited for principle that appellate court is at large to interfere with factual findings.
The Court applied the distinction between minimum essential facts (primary facts) that a plaintiff must prove to succeed versus legal conclusions, in assessing…
The Constitutional Court dismissed the application for leave to appeal. The Court held that while jurisdiction was engaged as the matter involved…
Cited for the principle that sympathy is not a basis for imposing legal liability.
Applied for the principle that expert opinions must be based on objective proven facts and inferences must be reasonably capable of being drawn from those…
The court applies the legal principles from this case on the evaluation of expert evidence and the threefold functions of expert witnesses.
Applied for the threefold functions of expert witnesses in legal proceedings.
Cited for the principle that expert witnesses have three key functions including providing general knowledge, giving evidence of facts they observed, and…