Posted inIssue 10 Regulatory

Departure from the GMC Sanctions Guidance

General Medical Council v Bramhall [2021] EWHC (2109) (Admin) In a series of acts referred to by HHJ Farrer QC as “conduct borne of professional arrogance of such magnitude that it strayed into criminal behaviour”, Mr Bramhall used an argon beam cauterising tool to sign his initials on the livers…
January 24, 2022Posted inIssue 10, RegulatoryTags:
Posted inClinical negligence Issue 10

Unorthodox Covid Views and Medical Regulation

White v General Medical Council [2021] EWHC 3286 (Admin) A case in which the High Court reminds the regulator of requirements for imposing curbs on free speech. Dr Samuel White is a GP. Earlier this year he posted a seven-minute video on Instagram explaining that he had resigned from his…
January 24, 2022Posted inClinical negligence, Issue 10Tags:
Posted inInquests Issue 10

Withdrawal of Benefits, Article 2 and Inquests

Dove v HM Assistant Coroner for Teesside and Hartlepool [2021] EWHC 2511 (Admin) Facts Ms Whiting had spinal conditions since her early twenties, which gave her back pain, required surgery, and regular painkillers. She also had a history of mental health problems (depression, drug dependence, and emotionally unstable personality disorder)…
January 24, 2022Posted inInquests, Issue 10Tags: ,
Posted inInquests Issue 10

Application for Fresh Inquest Refused

Farrell v HMC for North East Hampshire [2021] EWHC 778 (Admin) Applying for a fresh inquest is not straightforward. First, the bereaved have to get permission from the Attorney General. Only once that authority has been granted will they be allowed to apply to the High Court to reopen the…
January 24, 2022Posted inInquests, Issue 10Tags:
Posted inInquests Issue 10

Is an Expert Report Prepared for the Purposes of an Inquest covered by Litigation Privilege?

In the matter of an application for Judicial Review by Linda Kercher and Carol Mitchell [2020] NICA 31; [2020] Inquest L.R. 76 NB The judgment was handed down in June 2020, but has only recently been made available online. A niche question, but an important one for those in the…
January 24, 2022Posted inInquests, Issue 10Tags:
Posted inInquests Issue 10

When does the Article 2 Investigative Duty Arise?

R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin) Facts Tanya Morahan (“Tanya”) had a history of paranoid schizophrenia and harmful cocaine use. From mid-May 2018 she was an inpatient at a rehabilitation unit operated by the Trust. She was initially detained under s.3 of the Mental Health Act…
January 24, 2022Posted inInquests, Issue 10Tags:
Posted inClinical negligence Issue 10

“Let the Doctors Decide”

Bell and A v Tavistock and Portman NHS Trust and others [2021] EWCA Civ 1363 In Bell and A v Tavistock and Portman NHS Trust and others [2021] EWCA Civ 1363 the Court of Appeal advised judges to avoid formulating policy in an area of social and moral complexity. Ever…
January 24, 2022Posted inClinical negligence, Issue 10Tags:
Posted inClinical negligence Issue 10

A Review of Fundamental Dishonesty Cases in 2021

Iddon v Warner [2021] EWHC 587 (QB) Calderdale and Huddersfield NHS Trust v Metcalf [2021] EWHC 611 (QB) Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB) Michael v IE & D Hurford Ltd[2021] EWHC 2318 (QB) Mustard v Flower & Ors [2021] EWHC 846 (QB)…
January 24, 2022Posted inClinical negligence, Issue 10Tags:
Posted inCosts Issue 10

Third Party Costs Orders and Experts

Robinson v Mercier, Liverpool County Court [2021] 9 WLUK 400 The Court made a Third Party Costs Order (“TCPO”), in the sum of £50,543.85, pursuant to Part 46.2 and Part 46.8 CPR 1998 and Section 51 of the Senior Courts Act 1981, against Dr Mercier, General Dental Practitioner.  Dr Mercier…
January 24, 2022Posted inCosts, Issue 10Tags:
Posted inCosts Issue 10

QOCS and Set-Off

Ho v Adelekun [2021] UKSC 43 In a case to which qualified one-way costs shifting (‘QOCS’) applies, can a defendant set-off a costs order in its favour against the claimant’s costs where there is no damages award that the defendant can set-off its costs against? That was the issue which…
January 24, 2022Posted inCosts, Issue 10Tags: