Supreme Court Revisits Wrongful Birth Claims

Khan v Meadows [2021] UKSC 21 In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in 'wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment.…

High Court Rejects ‘Failure to Remove’ Abuse Claim

DFX v Coventry City Council [2021] EWHC 1382 (QB) In a significant adverse judgment for child abuse claimants, Mrs Justice Lambert rejected a claim brought by a number of Claimants who alleged that the Defendant council’s social services negligently delayed in instigating care proceedings and that, had they been removed…

Parental Consent and Puberty Blockers: the fall out from Bell

AB v CD & Ors [2021] EWHC 741 (Fam) In the last issue of QMLR this author considered the High Court’s decision in Bell v Tavistock, which concerned whether children were capable of consenting to puberty blockers (“PBs”) as treatment for gender dysphoria. A three-judge panel in the Divisional Court…

The Vaccine Damages Payment Scheme

As of 26 July 2021, over 83.8 million vaccines against coronavirus have been given in the UK. Vaccination is continuing at a rate of around 205,000 doses per day. But what can a person do if they suffer a severe disablement due to their vaccine? Since 31 December 2020, one…

Councils, Privately Run Care Homes and Vicarious Liability

SKX v Manchester City Council [2021] EWHC 782 (QB) In The Catholic Child Welfare Society and others v Various Claimants [2012] UKSC 56, Lord Phillips set out that two stages are to be addressed in establishing whether a party may be vicariously liable for the torts of another: Is the…

The Court of Appeal Considers Vicarious Liability

The Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356 In an important contribution to the law on vicarious liability, the Court of Appeal has considered an appeal against a decision of Mr Justice Chamberlain, discussed in QMLR by Charlotte Gilmartin here. In that decision,…

A Fresh Inquest – Necessary or Desirable?

HM Senior Coroner for Gwent, Re Inquest into the Death of Vaughn, Re [2020] EWHC 3670 (Admin) A fresh inquest was ordered by the High Court in circumstances where the Deputy Coroner had been unaware of the presence of a suicide note which later came to light. Facts In April…

The Justice Committee Report into the Coroners Service – is a long overdue overhaul in the offing?

The House of Commons Justice Committee – The Coroner Service – First Report of Session 2021-2022 On 27 May 2021, following an inquiry into the effectiveness and capacity of the Coroner Service in England and Wales, the House of Commons Justice Committee published a report calling for a number of…

Testing the Boundaries of Causation in Mesothelioma Deaths

Wandsworth BC v HMC for Inner West London [2021] EWHC 801 (Admin) Mesothelioma deaths arising from asbestos regularly come before coroners. This case, though, is of particular interest because it tests the boundaries of causation in relation to mesothelioma deaths – what evidence is needed to show that asbestos exposure led…

Dishonesty and Denial

Towuaghantse v GMC [2021] EWHC 681 (Admin) Al Nageim v General Medical Council [2021] EWHC 877 (Admin) The steady stream of appeals to the High Court from the Medical Practitioners Tribunal (“MPT”) against findings of dishonesty shows no sign of abating. Two recent cases have produced and illustrated guidance suggesting…