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costs order against an expert witness, because, after this expert's oral evidence at trial, the Claimant had withdrawn her claim.
Author: Editor - Elizabeth Boulden
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.
Lisa Pal v Dr Damen (1) v Belgo international Research Applications and Development NV (2) [2-22] EWHC 004697 (QB): The jurisdiction battle in foreign clinical negligence claims
John-Paul Swoboda discusses the case of Pal, regarding cosmetic surgery abroad and the issue of jurisdiction.
RKT v Essex Partnership University NHS Foundation Trust: Isaac Hogarth secures large settlement for patient who suffered total colectomy with permanent ileostomy and significant exacerbation to pre-existing schizophrenia, weeks before High Court trial
Isaac Hogarth of 12 King’s Bench Walk, instructed by Alisha Puri of Irwin Mitchell successfully represented the claimant (‘C’) in his claim against Essex Partnership University NHS Foundation Trust (‘D’), weeks before the start of a trial on causation and quantum. The settlement of £600,000 was subsequently approved by Deputy High Court Judge Clare Padley.
Hughes v Rattan in the Court of Appeal
Mary Newnham considers the Court of Appeal decision in Hughes v Rattan [2022] EWCA Civ 107, which gives authoritative guidance on non-delegable duty of care and vicarious liability in the context of practice owners providing NHS dentistry services via associate dentists.
Secondary Victims – A Corner Turned?
Henry Charles summarises the Court of Appeal's judgment from last week in the cases of Paul v Wolverhampton, Polmear v Royal Cornwall and Purchase v Ahmed, which concerns secondary victim claims arising from events that occurred some time after the alleged negligence.
Tips on expert evidence
Thea Wilson gives her tips on expert evidence in clinical negligence cases, considering the recent case of Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier.
Litigants in Person – Rare but Tricky Customers?
In this post, Helen Waller writes about dealing with litigants in person in clinical negligence cases, considering the recent case of Doyle -v- Habib [2021] EWHC 1733 (QB).
Claimant succeeds in negligence claim regarding pre-conception advice given to her mother: Toombes v Mitchell [2021] EWHC 3234 (QB)
Megan Griffiths writes about this landmark clinical negligence case on pre-conception advice, where, this week, the High Court handed down judgment in favour of the Claimant on liability.