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.
McCullough and others v Forth Valley Health Board [2023] UKSC 26: Montgomery revisited
John-Paul Swoboda and Chris Fleming consider the Supreme Court’s decision clarifying the correct test to apply when considering what treatment options a doctor is under a duty to discuss with a patient.
Bilal and Malik v St George’s University Hospital NHS Foundation Trust [2023] EWCA Civ 605: informed consent in treatment options.
Christopher Fleming looks at a recent Court of Appeal decision which considered whether the Bolam test has any place in determining what alternative forms of treatment should be discussed with patients.
Robinson v Liverpool University Hospital NHS Foundation Trust v Mercier revisited
Thea Wilson looks at the next development in this case in which the Defendant had sought a third-party costs order against an expert witness, because, after this expert's oral evidence at trial, the Claimant had withdrawn her claim.
CNZ (Suing by her father and litigation friend MNZ) v Royal Bath Hospitals NHS Foundation Trust (1) and The Secretary of State for Health and Social Care (2)
John-Paul Swoboda discusses this recent case, which relates to events in 1996, and involves consideration of whether Montgomery applies to such historic circumstances.
Pickering v Cambridge University Hospitals NHS Foundation Trust [2022] EWHC 1171 (QB)
Thea Wilson considers this recent stroke case which involves issues of causation.