“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…

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…

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,…

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…

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…

“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…

Montgomery v Lanarkshire Health Board: 5 Years on – an Impact Assessment in Numbers

This article originally appeared in Issue 6 (September 2020). Introduction  On 11 March 2015 the UK Supreme Court gave judgment in Montgomery v Lanarkshire Health Board [2015] UKSC 11. For both medical professionals and lawyers practising in the field of clinical negligence it is a landmark judgment and the first…

Monitoring During Labour

NKX v Barts Health NHS Trust [2020] EWHC 839 (QB)  This article originally appeared in Issue 6 (September 2020). The Facts  This was a liability only hearing where the Claimant alleged that his mother was given insufficient warning that she should have continuous fetal monitoring (“CFM”) when she was in…

Application for Permission to Amend a Statement of Case

Pearce v East and North Hertfordshire NHS Trust [2020] EWHC 1504 (QB)  This article originally appeared in Issue 6 (September 2020). In a succinct judgment from Lambert J, the High Court has provided a useful summary of the court’s approach to applications for permission to amend a statement of case. …