Expert evidence

Jones v Taunton & Somerset NHS Foundation Trust [2019] EWHC 563 (QB) This article originally appeared in Issue 1 (May 2019). The court permitted a Defendant NHS Trust to substitute its medical expert eleven weeks before trial where its original expert had stated that the Claimant’s experts had raised matters…

Injunctions, parallel investigations and suspensions of pay

North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387 This article originally appeared in Issue 1 (May 2019). A Consultant Anaesthetist obtained an injunction from the High Court to prevent his employer, an NHS Trust, proceeding with a disciplinary investigation into patient deaths whilst a parallel police…

In Brief – May 2019

In each issue, where we can't cover cases in full, we attempt to cover them in brief. Below are cases covered in brief in Issue 1, May 2019. Diamond v Royal Devon and Exeter NHS Foundation Trust [2019] EWCA Civ 585 - Informed consent - concerns: (a) principles applicable to appeals…

Damages and the scope of duty

Meadows v Khan [2019] EWCA Civ 152 This article originally appeared in Issue 1 (May 2019). In this case the Court of Appeal confirmed that when considering the question of liability for damages in negligence for wrongful birth, the correct test was the ‘scope of duty’ test in Australia Asset…

Interim Payments and Eeles

Farrington v Menzies-Haines [2019] EWHC 1297 This article originally appeared in Issue 1 (May 2019). This was a brain injury claim following an RTA. Liability, subject to an argument on contributory negligence, was admitted. As to causation, the Defendant disputed the extent to which the Claimant’s injuries were attributable to…

Anonymity orders

Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB) This article originally appeared in Issue 1 (May 2019). Spencer J refused an application for an anonymity order by the Claimant, who had suffered a stillbirth and psychiatric injury and was bringing a clinical negligence claim against the…