When Side-Stepping the Agreed Contractual Disciplinary Procedure will be in Breach of Contract

Smo v Hywel Dda University Health Board [2020] EWHC 727  This article originally appeared in Issue 5 (May 2020). The Claimant, a consultant colorectal surgeon, was subject to disciplinary proceedings in respect of conduct and his approach to clinical practice pursuant to "Upholding Professional Standards in Wales" (UPSW) closely modelled…

PSLA in St Helena

Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1  This article originally appeared in Issue 5 (May 2020). This case arose out of two actions for damages for personal injury brought against a doctor employed on the island of St Helena (in the South Atlantic…

Applications Relating to Medical Treatment – A Practical Application

Sherwood Forest Hospitals NHS Foundation Trust [2020] EWCOP 5  This article originally appeared in Issue 5 (May 2020). “Mrs H” was a 71-year-old lady with a history of Bipolar Affective Disorder. She was also suffering from squamous cell carcinoma on her face, but for an extended period of time, she…

Applications Relating to Medical Treatment – Guidance from the Vice-President of the Court of Protection

Applications Relating to Medical Treatment: Guidance Authorised by Justice Hayden, Vice President of the Court of Protection [2020] EWCOP 2  This article originally appeared in Issue 5 (May 2020). On 17 January 2020 the Vice President of the Court of Protection authorised the promulgation of guidance about when those involved…

Vicarious Liability – Associate Dentists

Ramdhean v Agedo and The Forum Dental Practice Limited 2020 WL 00620352  This article originally appeared in Issue 5 (May 2020). The Facts  The claim arose out of allegedly negligent care given to the Claimant at a dental surgery. A preliminary hearing was held at Leeds County Court to consider…

A Blow for Big Pharma

Bayer Plc & Anor v NHS Darlington CCG & Ors [2020] EWCA Civ 449  This article originally appeared in Issue 5 (May 2020). In the interesting case of Bayer Plc v NHS Darlington Clinical Commissioning Group [2020] EWCA Civ 449 in the Court of Appeal, two pharmaceutical companies, Bayer Plc…