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)  UKSC43.
Reflections on the Cumberlege Committee Report from a Clinical Negligence Perspective by Henry Charles and Vanessa Cashman
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  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
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  EWCA Civ 585
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
In this blog Vanessa Cashman of 12KBW considers Darnley v Croydon Health Services NHS Trust where the Court of Appeal considered what, if any duty, is owed by a receptionist of an A&E department to a patient in respect of the provision of information. By a majority it was held that no duty is owed … Continue reading Darnley v Croydon Health Services NHS Trust  EWCA Civ 151; Court of Appeal divided over whether an A&E receptionist owes a duty of care
This is a post by Andrew Roy and Alex Carrington of 12 King's Bench Walk An important decision in the changing world of cost budgeting. Facts : The Appellant bought a claim against the Respondent for damages for clinical negligence. Proceedings were commenced and the Appellant’s budget was approved at a CCMC. Following the exchange … Continue reading Merrix v. Heart of England NHS Foundation Trust  EWHC 346 (QB); Costs budgeting
In this post Henry Charles of 12 King's Bench Walk considers the implications of the recent change to the discount rate. Minus 0.75%. The initial reaction: claimant nirvana …and if so for how long? The Lord Chancellor’s statement heralded the new rate with the assertion that minus 0.75% was the only answer on a gilts based … Continue reading The Discount Rate Decision: Right or Wrong, Gilt Edged or Double Edged?