‘The Metropolitan police are facing legal action over the death of PC Keith Palmer, murdered during a terrorist attack on parliament.’
The Guardian, 20th April 2020
Source: www.theguardian.com
‘Clinical negligence litigation continues apace as Simeon Maskrey QC, sitting as a Deputy High Court Judge, handed down Judgment last week in a clinical negligence birth injury case (severe neuro-disability consequent upon an acute near total hypoxic-ischaemic insult) following a two-week trial which concluded early last month. This case highlights the ever-increasing importance placed on a patient’s right to autonomy in the decision-making process and the need to ensure that any information provided, including as to the risks to themselves and their baby, is properly understood and appreciated (Montgomery v Lanarkshire Health Board [2015] UKSC 1 considered).’
Park Square Barristers, 16th April 2020
Source: www.parksquarebarristers.co.uk
‘The Respondent (X) had been rendered infertile due to the trust’s negligence. Liability was admitted.’
Old Square Chambers, 8th April 2020
Source: www.oldsquare.co.uk
‘The NHS could be faced with billions of pounds of medical negligence claims if it does not grant some form of legal immunity to medics risking their lives during the pandemic, the government has been warned. The Medical Defence Union (MDU), which provides legal support to around 200,000 doctors, nurses, dentists and other healthcare workers, is calling for a debate over the need for emergency legislation.’
The Guardian, 19th April 2020
Source: www.theguardian.com
‘Can a claimant in a clinical negligence claim who is unable to prove the precise mechanism by which a positive outcome would have been achieved still succeed on causation? Yes, held the Court of Appeal in Schembri v Marshall[1]. The judgment also provides a useful summary of authorities dealing with the use of statistics for causation purposes in clinical negligence cases.’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
‘The Supreme Court has held that a defendant hospital trust must pay for the cost of a commercial surrogacy arrangement abroad despite such arrangements being unlawful in the UK.’
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
‘The High Court has rejected a “fanciful” £600,000 conveyancing negligence claim against the law firm Gateley, based on an error admitted by the firm.’
Legal Futures, 6th April 2020
Source: www.legalfutures.co.uk
‘The claimant in this case had a number of cervical smear tests carried out. Each test was negligently reported to the effect that the hospital failed to detect her cervical cancer, leaving her infertile. Before having chemo-radiotheraphy, the claimant had 8 eggs collected and frozen. She sought to have four children and her preference was for surrogacy arrangements in California on a commercial basis. The present appeal concerned the damages payable for the loss of her ability to have her own child. The High Court had dismissed the claimant’s claim for commercial surrogacy in California as contrary to public policy, and held that surrogacy using donor eggs was not restorative of the claimant’s fertility but allowed damags for own-egg surrogacies in the UK. The Court of Appeal found in favour of the claimant. The hospital appealed to the Supreme Court.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
‘By this notable decision the Court of Appeal has offered a useful illustration of the strict limits to the scope for claims by previously convicted claimants against their former lawyers,
alleging negligence in respect of the defence of the earlier criminal proceedings.’
Hailsham Chambers, 30th March 2020
Source: www.hailshamchambers.com
‘A woman who wants to have surrogate children through commercial agreements in California has won her claim that the NHS should pay for the treatment.’
The Guardian, 1st April 2020
Source: www.theguardian.com
‘EP was a 21 year old who suffered a number of mental disorders, bulimia nervosa, unstable personality disorder, depression and features of dependence syndrome. He had supplied her with DNP over the internet. She had consumed a number of capsules of DNP and suffered a most distressing death as it destroyed her internal organs causing them to fail. There is no effective treatment for what she suffered.’
St Pauls Chambers, 20th March 2020
Source: www.stpaulschambers.com
‘A “grossly negligent” salaried partner has been suspended for a year after $2.2m in escrow monies belonging to the other party in a deal was “dissipated in a series of unauthorised transactions”.’
Legal Futures, 27th March 2020
Source: www.legalfutures.co.uk
‘This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’
One Crown Office Row, 17th March 2020
Source: www.1cor.com
‘In 2007 C’s father (XX) killed his wife, C’s mother. He was made the subject of a hospital order. He was treated by D1’s multidisciplinary team. In 2009 his care was transferred to Dr O, a consultant forensic psychiatrist. C took part in family therapy sessions through D2. There was a suspicion that XX had Huntington’s disease but he refused to undergo genetic testing. He did not want C or her sister to know. His patient confidentiality was respected by D1 and D2. About this time C became pregnant. In 2013 C tested positive for Huntington’s. C was accidentally informed that XX had tested positive.’
No. 5 Chambers, 10th March 2020
Source: www.no5.com
‘An online dealer has been convicted of killing a woman who took toxic tablets sold to her as slimming pills.’
BBC News, 9th March 2020
Source: www.bbc.co.uk
‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’
Hailsham Chambers, 21st February 2020
Source: www.hailshamchambers.com
‘The Grenfell Tower public inquiry has been delayed again over demands from companies involved in the disastrous refurbishment that their evidence should not be used to help jail them.’
The Guardian, 23rd February 2020
Source: www.theguardian.com
‘On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence claim in which the Claimant made various allegations in respect of her immediate post-natal care which led to her sustaining a serious ankle injury when she fainted due to anaemia caused by blood lost during an instrumental delivery the previous morning.’
Hailsham Chambers, 13th February 2020
Source: www.hailshamchambers.com
‘Following the decision in I v Hull & East Yorkshire Hospitals NHS Trust (25 February 2019), applications for a further interim payment on account of costs have become common in high-value clinical negligence and personal injury claims where there is likely to be substantial delay before quantum can be determined by the court. In the recent decision in RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB), Master Cook observed that there was no decision of the High Court on the principle of whether such applications are well founded and have an adequate judicial basis in the rules and/or the authorities. Thus, the master took the opportunity in RXK to provide guidance ‘in the hope that such applications would be better prepared in future’.’
Law Society's Gazette, 17th February 2020
Source: www.lawgazette.co.uk
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