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.

Pickering v Cambridge University Hospitals NHS Foundation Trust [2022] EWHC 1171 (QB)

Thea Wilson considers this recent stroke case which involves issues of causation.

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.

Wrongful Birth Revisited: Khan v Meadows [2021] UKSC 21 – a reminder

To get us all up to speed ahead of this Supreme Court judgment, which is due to be handed down on Friday 28 May, Helen Waller has helpfully set out the background to this case, the decisions of the lower courts, and a summary of the law on wrongful birth claims. We will update this blog post in the next few days with the result of the Supreme Court decision and our analysis of it.

Michelle Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB)

Samuel Cuthbert writes about this recent case, which involved issues of material contribution as well as defendant expert evidence which appeared to intentionally paint the claimant in a bad light.

NKX (By his mother and litigation friend NMK) -v- Barts Health NHS Trust [2020] EWHC 828 (QB)

In this blog post, Helen Waller of 12KBW discusses the case of NKX (By his mother and litigation friend NMK) -v- Barts Health NHS Trust [2020] EWHC 828 (QB), which involved a birth injury due to clinical negligence. Although it is a case largely based on its own facts, it is nonetheless an example of careful judicial analysis of complex and detailed expert evidence. It demonstrates the importance of the parties and the court having a full understanding of the medical issues in order to properly address both breach and causation.

The difficulty in establishing negligence when an unrecognised complication arises: Collyer v Mid Essex Hospitals NHS Trust [2019] EWHC 3577 (QB)

In this post Charley Turton of 12KBW discusses the recent decision of HHJ Coe QC (sitting as a High Court Judge) in Collyer v Mid Essex Hospitals NHS Trust [2019] EWHC 3577 (QB). The Claimant suffered permanent nerve palsy of the hypoglossal nerves during laryngectomy. In 145 years of the operation being conducted such an … Continue reading The difficulty in establishing negligence when an unrecognised complication arises: Collyer v Mid Essex Hospitals NHS Trust [2019] EWHC 3577 (QB) →

“But for” vs Material Contribution and the burden of proof – Andrews v Greater Glasgow Health Board [2019] CSOH 31

In this post Vanessa Cashman of 12KBW examines the recent decision of Lord Pentland [siting in the Outer House of the Scottish Court of Session] in Andrews v Greater Glasgow Health Board [2019] CSOH 31. Summary The deceased attended hospital with vomiting and diarrhoea, both black in colour and was discharged with a diagnosis of … Continue reading “But for” vs Material Contribution and the burden of proof – Andrews v Greater Glasgow Health Board [2019] CSOH 31 →