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Wootton v J Docter Ltd & Anor [2008] EWCA Civ 1361 (19 December 2008)

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The judge had been entitled to conclude that the negligent dispensing of the wrong contraceptive pill had not caused or materially contributed to the contraceptive failure and subsequent pregnancy of the Claimant. The case was not one in which the exception to the “but for” test identified in Fairchild v Glenhaven Services and Barker v Corus could be extended even if applicable because there had been no finding of additional risk.

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