July 5, 2021 - The QMLR Archive

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…

By Alice Kuzmenko July 5, 2021Issue 9, PublicCoronavirus

Abuse/Child Abuse Issue 9

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…

By Thomas Beamont July 5, 2021Abuse/Child Abuse, Issue 9vicarious liability

Abuse/Child Abuse Issue 9

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,…

By Thomas Beamont July 5, 2021Abuse/Child Abuse, Issue 9vicarious liability

Inquests Issue 9

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…

By Charlotte Gilmartin July 5, 2021Inquests, Issue 9

Inquests Inquiries Issue 9

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…

By Rory Badenoch July 5, 2021Inquests, Inquiries, Issue 9

Inquests Issue 9

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…

By Caroline Cross July 5, 2021Inquests, Issue 9Causation

Issue 9 Regulatory

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…

By Richard Smith July 5, 2021Issue 9, Regulatorydisciplinary, dishonesty

Issue 9 Regulatory

A Review of Recent Regulatory Decisions

R (on the application of Young) v General Medical Council [2021] EWHC 534 (Admin) Haris v General Medical Council [2021] EWCA Civ 763 Bux v General Medical Council [2021] EWHC 762 (Admin) Gupta v Northampton Hospital Trust [2021] EWHC 965 (QB) During the pandemic, the public’s gratitude to the medical…

By Marina Wheeler KC July 5, 2021Issue 9, Regulatorydisciplinary

Issue 9 Regulatory

Section 40 Appeals and Deference to the MPT

(1) Sastry (2) Okpara v General Medical Council [2021] EWCA Civ 623 The Court of Appeal heard two second appeals challenging orders made by the Administrative Court dismissing their appeals under section 40 of the Medical Act 1983 (‘the 1983 Act’). In each case permission to appeal was granted by…

By Andrew Kennedy KC July 5, 2021Issue 9, Regulatorydisciplinary