In this blog Vanessa Cashman of 12KBW examines the recent decision of Whipple J in Yah v Medway NHS Foundation Trust  EWHC 2964 (QB), a case concerning a claim by a mother for psychiatric damage arising out of the birth of her daughter. The Claimant brought a claim for psychiatric damage arising out of … Continue reading Mothers in Childbirth – Primary or Secondary Victims? Yah v Medway NHS Foundation Trust
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. Background This case arose from unfortunate, but sadly not entirely surprising facts. Mr Darnley, then aged 26, was assaulted … 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 … Continue reading Witnesses of fact: to call, or not to call? Manzi v King’s College Hospital NHS FT  EWCA Civ 1882
This blog is written by Helen Waller, a pupil barrister at 12 King's Bench Walk. In Henderson v Dorset Healthcare NHS Trust  EWCA Civ 1841 the Court of Appeal reviewed the jurisprudence on the defence of illegality in tort, having been invited to reconsider the present position in light of arguments based on the … Continue reading Clarity for illegality as stare decisis lives to fight another day: Henderson v Dorset Healthcare NHS Trust  EWCA Civ 1841
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. The Facts The Appellant (Claimant at first instance) had a number of health problems including … Continue reading The Bolitho Burden: Williams v CWM Taf Local Health Board
This blog is by Vanessa Cashman of 12 King's Bench Walk. Summary 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 … 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
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 … Continue reading Paying the price for an incomplete witness statement
In this post Vanessa Cashman of 12KBW discusses the recent decision of Yip J in Meadows v Khan  EWHC 2990 (QB), a case concerning the recoverability of additional costs arising out of a disability unconnected with the negligent failure to diagnose that led to a wrongful birth. Facts The Claimant, Mrs Meadows (“C”), claimed damages arising out of the wrongful birth … Continue reading Meadows v Khan – wrongful birth: are additional unconnected disability costs recoverable?
In this post Angela Frost of 12KBW discusses the recent decision of Foskett J in Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust  EWHC 1795 (QB), yet another case involving the delayed identification of sepsis in a busy A&E department. The recent case of Darnley v Croydon NHS Trust  EWCA Civ … Continue reading Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust  EWHC 1795 (QB): Patient ‘slips through the net’ in A&E and loses a limb, toes and fingers as a result of sepsis.
In this post Vanessa Cashman of 12KBW discusses the recent decision of HHJ Graham Wood QC (sitting as a Deputy High Court Judge) in Tracey Giles v Alexandra Chambers, a rare reported case involving cosmetic surgery. The Claimant underwent VASER liposuction removal of fat from her thighs and buttocks at the Defendant’s private clinic. VASER … Continue reading TRACEY GILES v ALEXANDRA CHAMBERS  EWHC 1661 (QB): Negligent provision of liposuction.