2022 - Page 2 of 4 - The QMLR Archive

Primary Victims

Andrew Turton v Clinton Devon Farms Partnership (County Court (Exeter)) [2021] 6 WLUK 718 Following the decision of the Court of Appeal in the joined cases of Paul v Royal Wolverhampton NHS Trust, Polmear v Royal Cornwall Hospital NHS Trust, Purchase v Ahmed [2022] EWCA Civ 12 (see Jo Moore’s…

By Lizanne Gumbel KC May 24, 2022Clinical Negligence, Issue 11primary victims, psychiatric injury

Issue 11 Personal injury

Vicarious and Direct Liability for Horseplay

Chell v Tarmac Cement and Lime Limited [2022] EWCA Civ 7 The Facts The Claimant was employed as a site fitter for Roltech Engineering Ltd who contracted his services out to Tarmac Cement and Lime Ltd. Tensions arose with Tarmac’s own fitters and the Claimant spoke to his supervisor about…

By Dominic Ruck Keene May 24, 2022Issue 11, Personal injuryvicarious liability

Clinical Negligence Issue 11

Non-Delegable Duty Healthcare Litigation: The Widening Woodland Boundaries

Hughes v Rattan [2022] EWCA Civ 107 In Hughes v Rattan [2022] EWCA Civ 107, the Court of Appeal answered the following question: was the owner and principal of a dental practice liable for the negligence of his self-employed associates? The claim arose from NHS care provided by three associate dentists. The…

By Robert Kellar KC May 24, 2022Clinical Negligence, Issue 11dental negligence, non-delegable duty, vicarious liability

Issue 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…

By Jasper Gold January 24, 2022Issue 10, Regulatorydisciplinary

Clinical 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…

By Richard Smith January 24, 2022Clinical Negligence, Issue 10Coronavirus

Inquests 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)…

By Alice Kuzmenko January 24, 2022Inquests, Issue 10Article 2, fresh inquest

Inquests 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…

By Caroline Cross January 24, 2022Inquests, Issue 10fresh inquest

Inquests 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…

By Matthew Hill January 24, 2022Inquests, Issue 10Experts

Inquests 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…

By Rajkiran Arhestey January 24, 2022Inquests, Issue 10Article 2

Clinical 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…

By Marina Wheeler KC January 24, 2022Clinical Negligence, Issue 10Consent

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