The Court of Appeal, Chester v. Worcestershire

Claimant claimed that if she had been given an appropriate warning, she wouldn't have had surgery on the day in question. Judge at first instance found there was no need for such a test. Court of appeal said chester did not establish a free standing test but rather set out circumstances which justified normal approach to causation being modified. But it is negligent failure, particular risk and intimate connection o duty of warn then injury is to be regarded as caused.