Vanessa Cashman considers the judgment of the Part 20 claim brought by D2 against D1 for a contribution towards the claim it settled with C.
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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.
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.
Consent in Spinal Surgery – Mukhtar Malik v St George’s University Hospitals NHS Foundation Trust [2021] EWHC 1913 (QB)
In this post, Daniel Sokol looks at the recent consent case of Mukhtar Malik v St George’s University Hospitals NHS Foundation Trust, and draws valuable lessons for lawyers, experts and doctors.
Fundamental dishonesty and clinical negligence: a fraud on the taxpayer?
Here, Charlotte Reynolds discusses some recent clinical negligence cases involving allegations of fundamental dishonesty, and some key points that can be taken from these.
Ex Turpi Causa – Is Illegality Still a Good Defence in Civil Claims?
In this post, Dr David Sharpe QC considers the defence of illegality in the context of clinical negligence following the Supreme Court judgment in Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) (Appellant) v Dorset Healthcare University NHS Foundation Trust (Respondent) [2020] UKSC43.
Pelvic Mesh – Do No Harm
Reflections on the Cumberlege Committee Report from a Clinical Negligence Perspective by Henry Charles and Vanessa Cashman
Memory and the documentary record in cases involving disputes of fact
In this post James Beeton of 12 KBW discusses the decision of HHJ Gore QC (sitting as a Deputy High Court Judge) in CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB), a clinical negligence claim involving a disputed documentary record. The case is of particular interest because of the judge’s concerns … Continue reading Memory and the documentary record in cases involving disputes of fact
Fact-finding in consent cases and confirmation, no free-standing claim for damages arising from a failure to warn: Lucy Diamond v Royal Devon & Exeter NHS Foundation Trust [2019] EWCA Civ 585
This blog is by Helen Waller and John-Paul Swoboda of 12 KBW The Court of Appeal held that there was no free-standing claim for damages arising from a failure to warn of risks associated with a procedure that, on the facts, the Claimant would have undergone in any event. The facts giving rise to this … Continue reading Fact-finding in consent cases and confirmation, no free-standing claim for damages arising from a failure to warn: Lucy Diamond v Royal Devon & Exeter NHS Foundation Trust [2019] EWCA Civ 585
Recoverability of the costs of surrogacy: XX v Whittington Hospital
This blog is by Charley Turton of 12 King's Bench Walk The factual background The Defendant trust admitted negligence in failing to detect in Ms X signs of cancer from smear tests carried out in 2008 and 2012 and from biopsies performed in 2012 and 2013. Ms X developed cervical cancer for which she required … Continue reading Recoverability of the costs of surrogacy: XX v Whittington Hospital
Clinical Negligence Law 