Posted inClinical negligence Costs Issue 2

Recoverability of ATE Premiums

Suzanne West v Stockport NHS FT and Demouilpied v Stockport NHS FT [2019] EWCA Civ 1220  This article originally appeared in Issue 2 (July 2019). In these conjoined appeals the Court of Appeal (Sir Terence Etherton MR, Irwin and Coulson LJJ) have taken the opportunity to deal with a number…
July 27, 2019Posted inClinical negligence, Costs, Issue 2Tags: No Comments
Posted inIssue 2 Public

Interpretation of the Abortion Act 1967

R (On the Application of British Pregnancy Advisory Service) v Secretary of State for Health and Social Care [2019] EWHC 1397 (Admin)  This article originally appeared in Issue 2 (July 2019). The court considered the meaning of the phrase "the pregnancy has not exceeded its twenty-fourth week" in section 1(1)(a)…
July 1, 2019Posted inIssue 2, Public
Posted inAbuse/Child Abuse Issue 2

The Supreme Court Rules on the Liability of Public Authorities

Poole Borough Council v GN (through his litigation friend ‘The Official Solicitor’) and another [2019] UKSC 25  The article originally appeared in Issue 2 (July 2019). In this judgment, handed down by Lord Reed in June 2019, the Supreme Court found that Poole Borough Council did not owe a duty…
July 1, 2019Posted inAbuse/Child Abuse, Issue 2Tags: , ,
Posted inIssue 2 Personal injury Procedural

Bespoke Life Expectancy Evidence

Dodds v Arif & Anor [2019] EWHC 1512 (QB)  This article originally appeared in Issue 2 (July 2019). The court refused a Defendant’s application at a CMC to admit evidence from an expert specifically in the field of life-expectancy statistics and calculations. It provided guidance as the types of cases…
July 1, 2019Posted inIssue 2, Personal injury, ProceduralTags: ,
Posted inInquests Issue 2

Medical Inquests and Article 2

R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin)  This article originally appeared in Issue 2 (July 2019). The High Court has re-affirmed that, in most cases, inquests involving allegations of medical failings do not engage the State’s positive obligations under Article 2 of the…
July 1, 2019Posted inInquests, Issue 2Tags: ,
Posted inIssue 2 Regulatory

Disciplinary Proceedings and Serious Procedural Irregularities

Beard v General Osteopathic Council [2019] EWHC 1561 (Admin)  This article originally appeared in Issue 2 (July 2019). This was an appeal by the registrant osteopath against the GOC’s Professional Conduct Committee (PCC’s) decision to impose conditions on her registration. Her real complaint on appeal was that the hearing of…
July 1, 2019Posted inIssue 2, RegulatoryTags: , ,
Posted inClinical negligence Issue 2

Scope of Duty

This article originally appeared in Issue 2 (July 2019). One of the recurring themes in negligence case-law over the past 12 months has been the extent to which some or all aspects of a claimant’s claimed damage should be determined to lie within the scope of a defendant’s duty of…
July 1, 2019Posted inClinical negligence, Issue 2Tags: ,
Posted inCourt of Protection Issue 2

Capacity, Residence, Care, Social Media and Sexual Relations

B v A Local Authority [2019] EWCA Civ 913  The article originally appeared in Issue 2 (July 2019). A 31 year old woman with learning difficulties had, through social media, shared intimate images of herself and become involved with a 71 year old convicted sex offender (‘Mr C’), with whom…
July 1, 2019Posted inCourt of Protection, Issue 2
Posted inClinical negligence Costs Issue 2 Personal injury Quantum

Fundamental Dishonesty

This article originally appeared in Issue 2 (July 2019). Introduction  There are two separate and distinct regimes relating to fundamental dishonesty in litigation which have been available in personal injury claims since 2013. However, in the last year or two, there has been increasing attention focused on the perils and…
July 1, 2019Posted inClinical negligence, Costs, Issue 2, Personal injury, QuantumTags: ,
Posted inClinical negligence Issue 2 Quantum

The New Discount Rate and a Proposal for Dual Rates

The article originally appeared in Issue 2 (July 2019). We couldn’t omit from this edition of QMLR the Lord Chancellor’s announcement on 15 July 2019 of a revised discount rate of minus 0.25% to take effect from 5 August 2019. It will cover all personal injury claims, irrespective of the…
July 1, 2019Posted inClinical negligence, Issue 2, QuantumTags: