Posted inCosts Issue 7

Costs Update

Re PLK [2020] 9 WLUK 364 An end to the 2010 level of costs recovery set by the Guideline Hourly Rates for Costs Review is under way, some comfort in the meantime comes from Master Whalan in the SCCO in Re PLK [2020] 9 WLUK 364. For the past decade…
March 8, 2021Posted inCosts, Issue 7
Posted inClinical negligence Issue 7

Private International Law and Clinical Negligence (Part 2)

Roberts v Soldiers, Sailors, Airmen and Families Association – Forces Help [2020] EWCA Civ 926 The Court of Appeal has confirmed that the Civil Liability (Contribution) Act 1978 (“the 1978 Act”) has extra-territorial effect and applied its limitation period to a contribution claim brought by the MOD and Soldiers, Sailors,…
March 8, 2021Posted inClinical negligence, Issue 7Tags: , ,
Posted inData and Information Issue 7

GDPR and Inaccurate Clinical Records

R (Mrs AB) v Northumbria Healthcare NHS Foundation Trust, Cumbria Northumberland Tyne and Wear Foundation Trust [2020] EWHC 2287 (Admin) HHJ Davis-White sitting as a judge of the High Court refused the Claimant’s renewed application for permission to bring a judicial review proceedings challenging the refusal to delete inaccurate information…
March 8, 2021Posted inData and Information, Issue 7
Posted inClinical negligence Issue 7

Surveillance Evidence and Fundamental Dishonesty

Wilcox v King’s College Hospital NHS Foundation Trust [2020] EWHC 2555 (QB) Garraway v Holland & Barrett Limited [2020] 3 WLUK 582 (accessible on Lawtel and Westlaw only) Two recent decisions consider the use of surveillance evidence in the context of fundamental dishonesty. Wilcox v King’s College Hospital NHS Foundation…
March 8, 2021Posted inClinical negligence, Issue 7Tags:
Posted inInquests Issue 7

Article 2 and Police Failings

R (Peter Skelton and anr) v Senior Coroner for West Sussex [2020] EWHC 2813 (Admin) Susan Nicholson and Caroline Devlin were killed by the same man during the course of abusive relationships. They died in 2011 and 2006, but the man was not convicted – of murder and manslaughter respectively…
March 8, 2021Posted inInquests, Issue 7Tags: ,
Posted inInquests Issue 7

Article 2 and the Provision of Healthcare

R (Maguire) v HM Senior Coroner for Blackpool [2020] EWCA Civ 738 Where Article 2 of the Convention is invoked to allege inadequate provision of healthcare by the state, recent Strasbourg and domestic authorities suggest an increasingly restrictive approach. An expansive approach The 2015 Chamber decision of the Fourth Section…
March 8, 2021Posted inInquests, Issue 7Tags: , ,