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 →

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 →

Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151; Court of Appeal divided over whether an A&E receptionist owes a duty of care

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 [2017] EWCA Civ 151; Court of Appeal divided over whether an A&E receptionist owes a duty of care →

Merrix v. Heart of England NHS Foundation Trust [2017] EWHC 346 (QB); Costs budgeting

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 [2017] EWHC 346 (QB); Costs budgeting →

The Discount Rate Decision: Right or Wrong, Gilt Edged or Double Edged?

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? →