Judges deny woman's prison cancer appeal

Cheryl Carter, 34, of Brixton, south London, successfully sued in the High Court for negligence over treatment she received while at Cookham Wood prison in Kent in 2005.

But yesterday three Court of Appeal judges allowed an appeal by the Ministry of Justice and she will no longer be able to claim damages at a hearing that was set for next month.

Her cancer was discovered after she left prison in 2005 and she underwent a mastectomy a year later.

Lord Justice Leveson said doctors employed by the prison had found no abnormality and referral for a specialist opinion was not mandatory in the circumstances, even though she had sought medical help three times.

Allowing the appeal, he said: "I add only that I reach that conclusion with regret and very real sympathy for Ms Carter, recognising, of course, that this feeling will provide absolutely no comfort to her."

Sir Scott Baker said the "natural sympathy" of the High Court judge who made the finding of negligence had led him to a conclusion that was not sustainable in law.