ATE Premiums recoverable in Clinical Negligence claims

In this post Richard Viney of 12KBW examines the recent case of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust in which the Court of Appeal ruled that block-rated ATE premia will be recoverable for the ‘foreseeable’ future. Clinical negligence is one of the limited areas where ATE insurance premiums are … Continue reading ATE Premiums recoverable in Clinical Negligence claims →

“But for” vs Material Contribution and the burden of proof – Andrews v Greater Glasgow Health Board [2019] CSOH 31

In this post Vanessa Cashman of 12KBW examines the recent decision of Lord Pentland [siting in the Outer House of the Scottish Court of Session] in Andrews v Greater Glasgow Health Board [2019] CSOH 31. Summary The deceased attended hospital with vomiting and diarrhoea, both black in colour and was discharged with a diagnosis of … Continue reading “But for” vs Material Contribution and the burden of proof – Andrews v Greater Glasgow Health Board [2019] CSOH 31 →

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 →

Early Chemo-prophylaxis in Neurosurgery and The Battle of The Experts: Lesforis v Tolias

In this post Daniel Sokol of 12KBW examines the recent decision of the Court of Appeal in YVONNE LESFORIS v CHRISTOS TOLIAS [2019] EWCA Civ 487. In May 2018, Mr Justice Spencer found that Mr Christos Tolias, a consultant neurosurgeon, had been negligent in giving his patient heparin too early following spinal surgery. This led … Continue reading Early Chemo-prophylaxis in Neurosurgery and The Battle of The Experts: Lesforis v Tolias →

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 →

Forged Consent & Damages for the Cost of Raising a Healthy Child

In this blog Ted Cunningham of 12KBW examines the recent decision in ARB v IVF Hammersmith v R [2018] EWCA Civ 2803 in which the Court of Appeal confirmed that a parent cannot recover the pecuniary cost of bringing up a healthy child, regardless of whether that alleged loss arose in tort or out of … Continue reading Forged Consent & Damages for the Cost of Raising a Healthy Child →

Mothers in Childbirth – Primary or Secondary Victims? Yah v Medway NHS Foundation Trust

In this blog Vanessa Cashman of 12KBW examines the recent decision of Whipple J in Yah v Medway NHS Foundation Trust [2018] 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 →

Caparo is no panacea and hospitals’ duties are owed by medical and non-medical staff alike: Darnley v Croydon Health Services NHS Trust [2018] UKSC 50

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 [2018] UKSC 50 →