Posted inIssue 3 Regulatory

Dishonesty – Serious Professional Misconduct

Collen Nkomo v General Medical Council [2019] EWHC 2625 (Admin)  This article originally appeared in Issue 3 (November 2019). The High Court dismissed an appeal of a locum general practitioner against the decision of the Medical Practitioners Tribunal (“the Tribunal”) erasing his name from the register of medical practitioners.  Background …
Posted inIssue 3, RegulatoryTags: , ,
Posted inIssue 3 Regulatory

The Death of the Right to Silence in Regulatory Proceedings?

Kuzmin v GMC [2019] EWHC 2129 (Admin)  Sanusi v GMC [2019] EWCA Civ 1172  This article originally appeared in Issue 3 (November 2019). Two recent cases have important consequences for regulated professionals who fail to participate in regulatory hearings. In Kuzmin v GMC [2019] EWHC 2129 (Admin) the issue was…
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Posted inIssue 3 Procedural

Failure to Serve a Defence on Time and Relief from Sanctions

Kember v (1) Croydon Health Services NHS Trust (2) King’s College Hospital NHS Foundation Trust [2019] EWHC 2297 (QB)  This article originally appeared in Issue 3 (November 2019). Background  Proceedings were issued on 6 June 2018 and served on 28 September 2018 following a limitation extension. The Defence was due…
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Posted inClinical Negligence Issue 3

Expert Evidence – Do’s and Don’ts

ZZZ v Yeovil District Hospital NHS Foundation Trust [2019] EWHC 1642 (QB)  This article originally appeared in Issue 3 (November 2019). Following a car accident in 2011, XXX brought proceedings against ZZZ. The claim was settled for £3 million plus annual periodical payments. ZZZ then brought contribution proceedings against Yeovil…
Posted inClinical Negligence, Issue 3Tags:
Posted inClinical Negligence Issue 3

Secondary Victim Claims and Clinical Negligence

Paul v The Royal Wolverhampton NHS Trust (Rev 1) [2019] EWHC 2893 (QB)  This article originally appeared in Issue 3 (November 2019). This was an application for strike out and/or summary judgment heard by Master Cook in a secondary victim claim.  Background  Mr Paul had a significant medical history including…
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Posted inClinical Negligence Issue 3

Assessing the Standard of Care – Junior Doctors

George Andrews v Greater Glasgow Health Board [2019] CSOH 31  This article originally appeared in Issue 3 (November 2019). Background  This Scottish case arose from the death of Ms Jean Graham and was brought by her partner of 20 years, Mr George Andrews. Ms Graham had attended hospital on 6…
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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)…
Posted 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…
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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…
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