Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356: where are the limits to the Chester v Afshar exception to causation?

In this blog Isaac Hogarth of 12KBW discusses the recent judgment of the Court of Appeal which considers the limits of the causation principles set down by the House of Lords in Chester v Afshar. The Facts The claim arose from the surgical treatment of a painful recurrent neuroma (benign tumour of the nerve tissue) in … Continue reading Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356: where are the limits to the Chester v Afshar exception to causation? →

RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB); primary and secondary victims succeed in birth case

In RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB) the infant claimant suffered a brain injury during her protracted birth. Her mother and grandmother sustained psychiatric injuries following sight of the baby, who was born in an extremely poor condition. William Featherby QC and Vanessa Cashman of 12KBW succeeded in obtaining judgment … Continue reading RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB); primary and secondary victims succeed in birth case →

SIMON BARNETT v MEDWAY NHS FOUNDATION TRUST [2017] EWCA Civ 235; justified inability to make a finding of fact.

Co-editor of the 12KBW Clinical Negligence blog Rory Badenoch considers the recent Court of Appeal case of Barnett, one of the rare cases in which a judge’s inability to resolve an issue of fact had been justified (Stephens v Cannon [2005] EWCA Civ 222 and Verlander v Devon Waste Management [2007] EWCA Civ 835 applied). … Continue reading SIMON BARNETT v MEDWAY NHS FOUNDATION TRUST [2017] EWCA Civ 235; justified inability to make a finding of fact. →

Willmott v The Rotherham NHS Foundation Trust [2017] EWCA Civ 181; Cement, shaking heads and arthritic knees

  In this blog Tim Petts of 12 KBW considers the recent Court of Appeal case of Willmott where the judge at first instance was accused of bias. It is always slightly unnerving to appear in front of a judge who says something to show that they have personal expertise in a topic, particularly when … Continue reading Willmott v The Rotherham NHS Foundation Trust [2017] EWCA Civ 181; Cement, shaking heads and arthritic knees →

Thefaut v Johnston [2017] EWHC 497 (QB) (14 March 2017); informed consent, materiality and experts whose independence is called into question

In this blog Thea Wilson of 12KBW considers the recent judgment of Thefaut v Johnston in which Green J provides his characteristic clarity of thought on informed consent, materiality in the context of consent and how to deal with medical experts whose independence is called into question. The facts The Claimant developed back pain in … Continue reading Thefaut v Johnston [2017] EWHC 497 (QB) (14 March 2017); informed consent, materiality and experts whose independence is called into question →

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 →

Inquest touching the death of AJ; unreported 23 March 2017: hospital inquests and findings of neglect

This post is by Isaac Hogarth of 12 King’s Bench Walk. Isaac appeared on behalf of AJ’ parents and was instructed by Rosie Nelson and Emily Palmer of Penningtons Manches. AJ, a 5-year-old boy died from sepsis, following treatment received at Hillingdon Hospital on 22 December 2015. Based on his initial presentation, AJ was treated … Continue reading Inquest touching the death of AJ; unreported 23 March 2017: hospital inquests and findings of neglect →

Rodney Crossman v St George’s Healthcare Trust [2016] EWHC 2878 (QB) ; Chester v Afshar revisited

This blog post by Lois Aldred considers the decision in Crossman v St George’s Hospital Trust which raises interesting issues relating to the applicability of the decision in Chester v Afshar. The Facts The Claimant was a 63-year-old man who sought treatment for a numb arm and painful, stiff neck. Investigations revealed widespread degenerative changes and … Continue reading Rodney Crossman v St George’s Healthcare Trust [2016] EWHC 2878 (QB) ; Chester v Afshar revisited →

Bolam under attack: Muller v Kings College Hospital and Webster v Burton Hospitals

This post considering the standing of the Bolam principle is by David Sanderson of 12 King's Bench Walk. Two judgments handed down this month explore the boundaries of the Bolam principle and limit its application.  In the first, Kerr J doubted that Bolam was apposite where the court is concerned, not with a choice between two … Continue reading Bolam under attack: Muller v Kings College Hospital and Webster v Burton Hospitals →

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 →