Gregg v. Scott: loss of chance revisited

Abstract

At first sight, Gregg v Scott appears to be just another ‘negligent delay in diagnosis’ action, in which a cancer patient pleads ‘loss of chance’ to secure compensation for his anticipated loss of life expectancy. But further analysis of this perplexing case yields a striking illustration of the extent to which judges differ in their attitudes to statistical evidence. With two members of the majority in the Lords calling for legislation, it also suggests that, Fairchild notwithstanding, senior judges continue to have misgivings over the English common law of causation in personal injury.