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…

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…

Medical Treatment and Consent

Keh v Homerton University Hospitals NHS Foundation Trust [2019] EWHC 548 (QB) Kennedy v Frankel [2019] EWHC 106 (QB) Ollosson v Lee [2019] EWHC 784 (QB) This article originally appeared in Issue 1. Three recent consent cases illustrate the critical importance of both limbs of an informed consent post-Montgomery -…