Posted inIssue 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…
July 5, 2021Posted inIssue 9, RegulatoryTags:
Posted inIssue 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…
July 5, 2021Posted inIssue 9, RegulatoryTags:
Posted inIssue 9 Personal injury Procedural Quantum

Proving the Dream – Evidencing Claims for Future Loss of Earnings as a Professional Footballer

TVZ v Manchester City Football Club Ltd [2021] EWHC 1179 (QB) Swansea City AFC v Owen [2021] EWHC 1539 (QB) Introduction Two recent cases highlight contrasting approaches by claimants to proving the level of earnings they could have expected to receive as professional footballers, but a generous approach by the…
July 5, 2021Posted inIssue 9, Personal injury, Procedural, QuantumTags:
Posted inClinical negligence Issue 9

The Standard of Care and Health Visitors

XM (By His Father and Litigation Friend FM) v Leicestershire Partnership NHS Trust [2020] EWHC 3102 (QB) XM (By His Father and Litigation Friend FM) v Leicestershire Partnership NHS Trust [2020] EWHC 3102 (QB) This article focuses on one interesting aspect of this detailed decision – its consideration of the…
July 5, 2021Posted inClinical negligence, Issue 9Tags:
Posted inClinical negligence Issue 9

Advice and Aortic Valves

Negus v Guy’s and St Thomas’s NHS Foundation Trust [2021] EWHC 643 (QB) The facts The claim was brought by the executors on behalf of the estate of Mrs Tracy Neill. On 4 March 2014 the Deceased underwent the implantation of a 19mm mechanical aortic valve. The Claimants alleged that…
July 5, 2021Posted inClinical negligence, Issue 9Tags: , ,
Posted inIssue 9 Procedural Quantum

Interim Payments and Eeles

PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) This clear and digestible judgment from Yip J provides an excellent example of the court’s approach to applications for substantial interim payments in cases where periodical payments are…
July 5, 2021Posted inIssue 9, Procedural, QuantumTags:
Posted inClinical negligence Issue 9

The Importance of Contemporaneous Medical Records

HXC (by her litigation friend) JXS vs Hind, Craze [2020] 10 WLUK 603 The facts On 8 June 2016, the then 24-year-old Claimant suffered a catastrophic subarachnoid haemorrhage arising from the rupture of a 10-11mm left internal carotid artery aneurysm. As a result of the haemorrhage she had a dense…
July 5, 2021Posted inClinical negligence, Issue 9Tags: ,
Posted inClinical negligence Issue 9

Non-Delegable Duty: Different Dentist, Same Drill

Around this time last year, Dominic Ruck Keene examined the County Court decision in Ramdhean v Agedo and The Forum Dental Practice Limited 2020 WL 00620352. HHJ Belcher concluded that a dental practice owed a non-delegable duty of care with respect to treatment carried out by a dentist working there.…
July 5, 2021Posted inClinical negligence, Issue 9Tags: ,
Posted inClinical negligence Issue 9

Necessary Appreciation of the Accident in Secondary Victim Claims

Young v Downey [2020] EWHC 3457 (QB) The court dismissed the Claimant’s secondary victim claim arising out of the death of her father when she was four years old. Spencer J held that, where a secondary victim had witnessed the death, injury or imperilment of a loved one (or its…
July 5, 2021Posted inClinical negligence, Issue 9Tags: