2020 - The QMLR Archive

Accommodation Claims – Swift v Carpenter

Swift v Carpenter [2020] EWCA Civ 1295 The Issue on the Appeal Whether an award should be made to the Claimant to fund the additional capital cost required by the Claimant to purchase suitable accommodation for her disabled needs. The trial judge (Mrs Justice Lambert) found that the Court was…

By October 9, 2020Quantum, Special Issueaccommodation

Clinical negligence Issue 6 Procedural

“What’s In a Name?” Revisited

Jones v Ministry of Defence [2020] EWHC 1603 (QB) This article originally appeared in Issue 6 (September 2020). Those who practise in the field of serious personal injury and clinical negligence will be very familiar with the principles that govern the grant of anonymity orders. The leading authority is JXMX…

By September 1, 2020Clinical negligence, Issue 6, ProceduralAnonymity, Article 10, Article 8

Clinical negligence Issue 6

Bolam, Bolitho, or Both-of-‘Em?

Bradfield-Kay v Cope [2020] EWHC 1351 (QB) This article originally appeared in Issue 6 (September 2020). This split trial on breach of duty concerned allegations relating to the performance of a total left hip replacement by the Defendant. Of interest is the approach taken by the judge to the distinction…

By September 1, 2020Clinical negligence, Issue 6Breach of duty, Standard of care

Clinical negligence Issue 6

Proximity in Secondary Victim Claims

Paul & Anor v The Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB) This article originally appeared in Issue 6 (September 2020). Following a series of secondary victim claims being struck out or dismissed on the grounds that there is insufficient proximity as required by the Alcock control mechanisms (see,…

By September 1, 2020Clinical negligence, Issue 6secondary victims

Clinical negligence Issue 6 Procedural

Private International Law and Clinical Negligence

Roberts v Soldiers, Sailors, Airmen and Families Association [2020] EWHC 994 This article originally appeared in Issue 6 (September 2020). The High Court decided two preliminary issues of private international law in a claim alleging negligence of a midwife resulting in acute profound hypoxic brain injury at a hospital in…

By September 1, 2020Clinical negligence, Issue 6, Proceduralbirth injury, limitation, private international law

Clinical negligence Issue 6 Procedural

A Lack of Expert Evidence: When to Strike Out?

Quaatey v Guy's & St Thomas' NHS Foundation Trust [2020] EWHC 1296 (QB) Magee v Willmott [2020] EWHC 1378 (QB) This article originally appeared in Issue 6 (September 2020). Introduction “I eventually became proud of my strikeouts, because each one represented another learning experience.” – Willie Stargell, World Series Major League…

By September 1, 2020Clinical negligence, Issue 6, ProceduralExperts, Strike-out

Inquiries Issue 6

“First Do No Harm”

The Independent Medicines & Medical Devices Safety Review (The Cumberlege Review) This article originally appeared in Issue 6 (September 2020). “We have been astonished,” wrote the authors of the Cumberlege Report, “how the healthcare system – which includes the NHS, private providers, the regulators and professional bodies, manufacturers, and policymakers…

By September 1, 2020Inquiries, Issue 6medical devices

Clinical negligence Inquests Issue 6 Procedural

In Brief – September 2020

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 6, September 2020. Chaplin v Pistol [2020] EWHC 1543 (QB) – Defendant applied for permission for expert evidence in the field of statistics/life…

By September 1, 2020Clinical negligence, Inquests, Issue 6, Proceduralin brief

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