Beauty is a Fragile Gift (Ovid): The Decision in Webster v Liddington [2014] EWCA Civ 560 - Sarah Prager, 1 Chancery Lane
16/05/14. Sarah Prager considers the impact of the recent decision of the Court of Appeal in Webster v Liddington [2014] EWCA Civ 560 in cases arising out of negligently performed cosmetic surgery.
The Facts
The Claimants in Webster had undergone treatment to rejuvenate their skin. The Defendants were the clinicians who had administered that treatment, known as Isolagen. The company that had devised and marketed Isolagen had ceased trading and gone into administration. For this reason it was necessary for the Claimants to show that the clinicians who had administered the treatment were responsible for the representations made in brochures provided to the Claimants prior to treatment.
IEL, the company which had devised Isolagen, marketed it as rejuvenating human skin and restoring a youthful appearance to those upon whom the years were advancing. The Isolagen process was said to be autologous, that is, that it principally used the patient’s own cells, rather than material taken from animals or other sources.
IEL did not itself administer the treatment, but had an arrangement with...
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