Posted inIssue 4 Procedural

Practice Direction Updates: New Rules for Witness Statements and Statements of Truth

This article originally appeared in Issue 4 (March 2020). Amendments to the Practice Directions coming into force on 6 April 2020 will introduce some important changes to witness statements and statements of truth that readers should be aware of in advance. The updates can be found in full on the…
March 1, 2020Posted inIssue 4, ProceduralTags:
Posted inIssue 4 Public

Failure to Recognise Claimant’s Stroke Not a Breach of his Human Rights

Watling v Chief Constable of Suffolk [2019] EWHC 2342 (QB)  This article originally appeared in Issue 4 (March 2020). The High Court rejected a claim that a failure to recognise the signs of a stroke in a detained person and transport him to hospital entailed breaches of his human rights. …
March 1, 2020Posted inIssue 4, PublicTags:
Posted inIssue 4 Public

Judicial Review and Continuing Healthcare – When Relief Will Be Denied

R (ota Gossip) v NHS Surrey Downs CCG [2019] EWHC 3411 (Admin)  This article originally appeared in Issue 4 (May 2020). This was a judicial review of a decision that the Claimant was not eligible for NHS Continuing Healthcare. The Claimant had suffered a severe spinal injury while playing rugby…
March 1, 2020Posted inIssue 4, Public
Posted inIssue 4 Public

Eligibility of Non-UK Residents for NHS Care

R (Johnson) v Royal Free London NHS Foundation Trust [2019] EWHC 1143 (Admin)  This article originally appeared in Issue 4 (March 2020). Background  The Claimant was seriously ill with cancer, for which she was receiving medical treatment, most recently a cycle of palliative chemotherapy infusions. The “overseas visitors team” at…
March 1, 2020Posted inIssue 4, PublicTags: ,
Posted inIssue 4 Public

Legitimate Expectations of an Ombudsman’s Inquiry

R (Morris) v Parliamentary and Health Service Ombudsman [2019] EWHC 1603 (Admin)  This article originally appeared in Issue 4 (March 2020). The Claimant unsuccessfully sought to judicially review the Ombudsman’s report responding to her complaint against a hospital Trust for misplacing records relating to the death of her daughter in…
March 1, 2020Posted inIssue 4, Public
Posted inCosts Issue 4

QOCS and Mixed Claims

Brown v Commissioner of Police for the Metropolis [2019] EWCA 1724  This article originally appeared in Issue 4 (March 2020). The Court of Appeal has clarified that if proceedings involve a claim for damages for personal injury together with a non-personal injury claim, the costs protection under the qualified one-way…
March 1, 2020Posted inCosts, Issue 4Tags:
Posted inAbuse/Child Abuse Clinical negligence Costs Court of Protection Inquests Issue 4 Procedural Quantum Regulatory

In Brief – March 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 4, March 2020. Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1 – Privy Council decision considering whether…
March 1, 2020Posted inAbuse/Child Abuse, Clinical negligence, Costs, Court of Protection, Inquests, Issue 4, Procedural, Quantum, RegulatoryTags:
Posted inIssue 4 Public

Judicial Review and Reconfiguration

R (Nettleship) v (1) NHS South Tyneside Clinical Commissioning Group (2) NHS Sunderland Clinical Commissioning Group [2020] EWCA Civ 46  This article originally appeared in Issue 4 (March 2020). This was a judicial review of a hospital reconfiguration decision following a consultation by the Clinical Commissioning Group (“CCG”). The appellant…
March 1, 2020Posted inIssue 4, Public
Posted inIssue 4 Procedural

Strike-Out for Failure to Comply with Directions

Bot v Barnick and Others [2019] EWHC 3704 (QB)  This article originally appeared in Issue 4 (March 2020). The facts  The claim arose out of allegedly negligent care given to the Claimant at the Portland Hospital following the birth of her child in 2011, during the course of which she…
March 1, 2020Posted inIssue 4, ProceduralTags: ,
Posted inIssue 4 Public

Gender Reassignment for Prisoners

R (ota KK) Tavistock & Portman NHS Foundation Trust [2019] EWHC 3565 (Admin)  This article originally appeared in Issue 4 (March 2020). This judicial review sought to challenge the decision by an NHS Trust to refuse to recommend a transgender prisoner for NHS-funded gender reassignment surgery by reference to an…
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