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…

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…

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…

In Brief – July 2019

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 2, July 2019. ARB v IVF Hammersmith Limited [2018] EWCA Civ 2803 - On 17 July 2019, the Supreme Court refused to grant permission…

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…