Preliminary issues on patient communication, attendance and contributory negligence: Shaheen & Anor v Daish [2025] EWHC 3056 (KB)

Author: Pankaj Madan, 12KBW Pankaj Madan looks at the implications of the recent case of Shaheen and Ahmed (As Executors of the Estate of Mr Ajaz Ahmed) v Dr Joanna Daish [2025] EWHC 3056 (KB) and considers the judgment's exploration of medical records and usual practice. The judgment in Shaheen and Ahmed (As Executors of … Continue reading Preliminary issues on patient communication, attendance and contributory negligence: Shaheen & Anor v Daish [2025] EWHC 3056 (KB) →

EAC v Imperial College Healthcare NHS Trust – £20 million settlement for severely brain injured claimant with reverse indemnity subject to BJB release clause

William Audland KC and Isaac Hogarth, instructed by Victoria Williams of Stewarts acted for the Claimant (‘C’) in her claim against Imperial College Healthcare NHS Trust (‘D’). Settlement was reached days before the start of an 8-day quantum trial, and approved by Alison Morgan KC, sitting as a Deputy Judge of the High Court on … Continue reading EAC v Imperial College Healthcare NHS Trust – £20 million settlement for severely brain injured claimant with reverse indemnity subject to BJB release clause →

When is a witness an unreliable witness? A case report on MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB)

Thea Wilson looks at the recent High Court decision in MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) and considers the perennial question of how a court assesses the reliability of a witness in the face of conflicting medical records. The Facts In 2016, the Claimant, a young woman suffering from … Continue reading When is a witness an unreliable witness? A case report on MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) →

Two Defendants and a Part 20 contribution claim in a clinical negligence case – a look at Healey v McGrath and Ramsay Healthcare UK Operations Ltd [2024] EWHC 1360 (KB)

Vanessa Cashman considers the judgment of the Part 20 claim brought by D2 against D1 for a contribution towards the claim it settled with C.

Paul (and others) v Royal Wolverhampton NHS Trust (and others) [2024] UKSC 1: Secondary victims in medical negligence claims – it is all “A Novo”,again.

12 KBW's Cressida Mawdesley-Thomas looks at the Supreme Court’s recent decision and the likely difficulties it poses to those seeking to bring secondary victim claims in a medical negligence context.

RLB (in her personal capacity and as executrix of the estate of ALB, deceased) v Dr K: Isaac Hogarth secures £1.75 million settlement for widow and children after young father dies due to undiagnosed bowel cancer

Isaac Hogarth of 12 King’s Bench Walk, instructed by Jasicca Nava of Irwin Mitchell successfully represented the claimant (‘C’) in her claim against Dr King (‘D’). The settlement, reached at a JSM, was approved by HHJ Dunne, sitting as a judge of the High Court on 13 October 2023. The facts In 2013, when ALB … Continue reading RLB (in her personal capacity and as executrix of the estate of ALB, deceased) v Dr K: Isaac Hogarth secures £1.75 million settlement for widow and children after young father dies due to undiagnosed bowel cancer →

Material Contribution and Holmes v Poeton Holdings Limited: One Issue Down, More to Go

Henry Charles looks at a recent decision from the Court of Appeal which settles the longstanding question of whether material contribution applies to cases of divisible injury.

CDE v Surrey and Sussex Healthcare NHS Trust; the material contribution elephant in the room

Andrew Roy KC considers the implications of the Court of Appeal’s recent decision CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 in respect of the vexed and important of material contribution.

90% part 36 offers – effective or not? A look at Chapman v Mid and South Essex NHS Foundation Trust [2023] EWHC 1871 (KB)

Vanessa Cashman summarises this recent clinical negligence case on split liability Part 36 offers, which provides useful insight and clarification following the judgment on this issue in the personal injury case of Mundy v TUI UK Ltd [2023] EWHC 385.