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Penney & Anor v East Kent Health Authority

LTL 16/11/99; [2000] Lloyd’s Rep Med 41; [2000] 55 BMLR 63; [2000] PnLR 323; Independent, November 24, 1999 1999-11-16

Where the evidence established that cervical smear slides showed clear abnormalities, no reasonably competent primary cytoscreener could treat those abnormalities as innocuous such as to justify, with absolute confidence, a negative result. The trial judge necessarily had an advantage over an appellate court in assessing the weight to be attached to expert evidence and, in cases such as the present, the appellate court should be careful to ensure that it acted as a court of review.