Hunter v Hanley, 1955 SC 200, CSIH
Citation: Hunter v Hanley, 1955 SC 200, CSIH
Rule of thumb: How do you prove professional negligence? If you can prove it was a course of action which no one else in the profession does, then this is a good basis for a claim.
Judgment:
Where it can be shown that 1) the standard by a professional would both fail a professional exam required to enter the profession, and 2) that no professionals in the field follow this practice, this is a good start for someone going on to try to successfully prove their case that this is what happened - ‘... negligence... by ... a professional... is... established... whereby... the course take... is one... which no professional man of ordinary skill would have taken if he had been acting with ordinary care’, Lord Patrick
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.