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. …

Costs Update

Costs is not always the first thought on a clinical negligence practitioner’s mind, but the first 6 months of this year have been busy with relevant costs decisions. Here are the author’s top 10 useful costs decisions to keep in mind as you plan, practice, and seek to recover /…

GMC Not Bound by Erroneous First Instance Concession on Appeal

General Medical Council v Zafar [2020] EWHC 246  This article originally appeared in Issue 6 (September 2020). In General Medical Council v Zafar [2020] EWHC 246 a Divisional Court of the High Court affirmed two propositions: one surprising, one not. Unsurprisingly, the court affirmed the proposition that doctors who prepare…

Fairness of a Remote Hearing

SC v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1445 (QB)  This article originally appeared in a Covid-19 Special Issue (July 2020). The facts  The Defendant Trust applied a week before a clinical negligence trial for its adjournment on the basis that it would be unfair to hold the…

Being BAME is a Major Risk Factor for Dying of Covid-19 – What Can Be Done About It?

Introduction  This article originally appeared in a Covid-19 Special Issue (July 2020). The Public Health England (“PHE”) review into the disparities in risks and outcomes of COVID deaths was published on 3 June 2020. It was intended to address increasing concerns, notably voiced by the British Medical Association, about the…

Professional Regulation

(1) General Medical Council (2) Professional Standards Authority for Health & Social Care v Asef Zafar [2020] EWHC 846  This article originally appeared in Issue 5 (May 2020). The Divisional Court substituted a sanction of erasure for a 12 month suspension in this appeal by the GMC and PSA arising…