In this blog Ted Cunningham of 12KBW examines the recent decision in ARB v IVF Hammersmith v R  EWCA Civ 2803 in which the Court of Appeal confirmed that a parent cannot recover the pecuniary cost of bringing up a healthy child, regardless of whether that alleged loss arose in tort or out of a breach of contract.
This blog is by Helen Waller of 12 King’s Bench Walk.
Is an NHS Trust liable in negligence for the acts or omissions of its administrative staff? The Supreme Court provides an answer: a unanimous yes. Continue reading “Caparo is no panacea and hospitals’ duties are owed by medical and non-medical staff alike: Darnley v Croydon Health Services NHS Trust  UKSC 50”
In this post Isaac Hogarth of 12 KBW examines the recent case of Manzi v King’s College Hospital NHS FT  EWCA Civ 1882 in which the Court of Appeal considered whether to interfere with the trial judge’s findings in relation to whether there had been a negligent failure to detect and remove a portion of retained placenta following childbirth. The Court also considered in particular whether the trial judge ought to have drawn an adverse inference from the Defendant’s decision not to call a particular doctor as a witness.
In this post Thea Wilson of 12 KBW considers the recent case of Williams v CWM Taf Local Health Board, in which the Court of Appeal gave further guidance regarding the heavy burden on claimants of satisfying the Bolitho test.
This blog is by Vanessa Cashman of 12 King’s Bench Walk.
The claimant underwent a total abdominal hysterectomy and bilateral salpingo-oophorectomy in order to treat extremely painful and heavy periods. She was 41 years old at the time.
The operation was performed non-negligently on 25 March 2008. Following surgery the claimant developed Chronic Post-Surgical Pain as a result of nerve damage. The issues were whether she was properly consented in respect of the risk of post-operative pain and whether she could establish causation. Continue reading “Consent, causation and Chester – the Court of Appeal examines the modified test in Duce v Worcestershire Acute Hospitals NHS Trust  EWCA Civ 1307”
B v An NHS Trust
Isaac Hogarth of 12KBW instructed by Joel Onyems of OP Law (representing the Claimant) discusses a recent case which settled at JSM. The case is of particular interest due to the arguments concerning the objective nature of the test of materiality under Montgomery v Lanarkshire Health Board  UKSC 11 and its interplay with Bolam principles.
In this post Charles Robertshaw of 12KBW examines the recent decision of Lambert J in Duncan Harrap v Brighton & Sussex University Hospitals NHS Trust  EWHC 1063 (QB).
A successful defendant in a clinical negligence case was penalised in costs due to vital evidence being omitted from a witness statement and only elicited for the first time during cross-examination at trial. The new evidence was fatal to the claimant’s case and led to the claim being discontinued. The court considered that the very late emergence of the new evidence was due to unreasonable conduct on the part of the defendant and, accordingly, the defendant should only recover part of its costs.
In this post Ted Cunningham of 12KBW examines the recent High Court decision in NILUJAN RAJATHEEPAN v BARKING, HAVERING AND REDBRIDGE NHS FOUNDATION TRUST  EWHC 716 (QB). The case highlights the importance of proper and effective communication between medical professionals and patients who do not have a good grasp of English. In circumstances where medical professionals believe that they have communicated effectively, that belief must be objectively reasonable.
In this post Rachit Buch of 12KBW examines the recent decision of Cockerill J in Razumas v Ministry of Justice  EWHC 215 (QB), a case concerning two distinct issues: (i) the liability of the MOJ for negligence arising out of healthcare provided in prisons and (ii) fundamental dishonesty in relation to clinical negligence claims.