‘Those harmed by the NHS will “have to pay again by losing access to justice” as a result of government plans to introduce fixed costs, campaigners have claimed.’
Legal Futures, 1st February 2022
Source: www.legalfutures.co.uk
‘On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB). The decision gives rise to some interesting considerations on causation and the judicial assessment of expert evidence, and provides a useful illustration of the application of Wisniewski v Central Manchester Health Authority [1998] PIQR P324.’
Ropewalk Clinical Negligence Blog , 25th January 2022
Source: www.ropewalk.co.uk
‘Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022). The Court of Appeal dismissed a set of claims for psychiatric injury on the basis of prior binding authority, but indicated that the issue is suitable for consideration by the Supreme Court.’
UK Human Rights Blog, 20th January 2022
Source: ukhumanrightsblog.com
‘A heavyweight Court of Appeal, comprising the Master of the Rolls, the Vice President of the Court of Appeal (Civil Division) and Nicola Davies LJ has handed down judgment in the conjoined appeals of Paul v Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 (referred to, together, in this post as “Paul”). The appeal has been awaited and closely watched, dealing as it does with claims for psychiatric injury by secondary victims (that category of cases referred to, historically, as “nervous shock claims”) in a clinical negligence context. The Master of the Rolls gave the leading judgment, with which the Vice President and Nicola Davies LJ agreed.’
Ropewalk Clinical Negligence Blog, 18th January 2022
Source: www.ropewalk.co.uk
‘A woman was not told her neighbour had threatened to kill her just hours before he murdered her, a review has found.’
BBC News, 19th January 2022
Source: www.bbc.co.uk
‘The High Court has struck out a professional negligence claim against a London law firm that it decided had been “warehoused”.’
Legal Futures, 18th January 2022
Source: www.legalfutures.co.uk
‘A claimant suing his solicitors for negligence in how they pursued a claim for negligence against other solicitors has failed in his application for permission to appeal a ruling that refused summary judgment in his favour.’
Legal futures, 18th January 2022
Source: www.legalfutures.co.uk
‘Making claims against the NHS can be “a difficult, and in some cases inhumane, experience”, with the worst cases seeing staff trying to “proactively cover up” errors and even fabricating medical records, a report has found.
However, in other cases they were “very upfront about what had gone wrong” and consultants recommended taking legal action, according to research for the Association of Personal Injury Lawyers (APIL).’
Legal Futures, 12th January 2022
Source: www.legalfutures.co.uk
‘Hundreds of doctors around the country, along with representative organisations, have spoken out over the High Court finding a GP negligent for advice given to a mother before conception which led to the birth of a disabled child.’
Legal Futures, 20th December 2021
Source: www.legalfutures.co.uk
‘What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), heard by Cotter J between 5 and 7 October 2021. The case will be of interest to clinical negligence practitioners following the judge’s preference of the Claimant’s mother’s witness evidence about matters that occurred 17 years earlier, despite the existence of a medical note made at the time which appeared to directly contradict that evidence.’
Ropewalk Clinical Negligence Blog, 7th December 2021
Source: www.ropewalk.co.uk
‘A couple whose child died in the womb after mistakes by maternity staff have received a £2.8m settlement.’
BBC News, 6th December 2021
Source: www.bbc.co.uk
‘The disruption caused by Covid last year was not a good enough excuse for a law firm missing a deadline to file amended particulars of claim by four months, the High Court has ruled.’
Legal Futures, 6th December 2021
Source: www.legalfutures.co.uk
‘A High Court judge has refused a litigant’s plea to adjourn a hearing date on the basis his preferred barrister was double booked on that date.’
Law Society's Gazette, 30th November 2021
Source: www.lawgazette.co.uk
‘Former Flat jockey Freddy Tylicki’s £6m negligence claim against fellow rider Graham Gibbons has begun in the High Court.’
BBC News, 29th November 2021
Source: www.bbc.co.uk
‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash “will not avoid a finding of contributory negligence” where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’
Law Society's Gazette, 16th November 2021
Source: www.lawgazette.co.uk
‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’
Law Society's Gazette, 16th November 2021
Source: www.lawgazette.co.uk
‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’
Ropewalk Clinical Negligence Blog, 11th November 2021
Source: www.ropewalk.co.uk
‘A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.’
BBC News, 11th November 2021
Source: www.bbc.co.uk
‘Paul Stagg looks at the lessons from an important High Court ruling on ‘failure to remove’ claims.’
Local Government Lawyer, 8th November 2021
Source: www.localgovernmentlawyer.co.uk
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