Posted inAbuse/Child Abuse Issue 14

Vicarious Liability for Abuse by Foster Parents who are also Relatives

Vicarious Liability for Abuse by Foster Parents who are also Relatives Lizanne Gumbel KC DJ v Barnsley Metropolitan Borough Council, AG [2023] EWHC 1815 (KB) Introduction Despite the developments in the law of vicarious liability through the cases of: JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust…
October 5, 2023Posted inAbuse/Child Abuse, Issue 14Tags:
Posted inClinical negligence Issue 14 Uncategorized

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation Lizanne Gumbel KC Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15 Introduction In 1965, Lord Pearce, in the case of Imperial Chemical Industries Ltd v Shatwell [1965] AC 656, described…
October 4, 2023Posted inClinical negligence, Issue 14, UncategorizedTags:
Posted inClinical negligence Issue 14

Bolam, Bolitho and Informed Consent

Bolam, Bolitho and Informed Consent Dominic Ruck Keene McCulloch and Others v Forth Valley Health Board [2023] UKSC 26 The Supreme Court has given an authoritative re-statement of the application of the ‘Professional Practice Test’ or ‘Bolam’ test in the context of informed consent.  This was a Scottish case, but…
October 3, 2023Posted inClinical negligence, Issue 14Tags:
Posted inClinical negligence Issue 14

Reasonable Alternative Treatments

Reasonable Alternative Treatments Jeremy Hyam KC Bilal v St Georges University Hospital NHS Foundation Trust [2023] EWCA Civ 605 This Court of Appeal decision was given on 13 June 2023 (after the oral hearing in McCulloch and others v Forth Valley Health Board [2023] UKSC 26 [see pages 9-11 of…
October 2, 2023Posted inClinical negligence, Issue 14Tags: ,
Posted inClinical negligence Issue 14

Court of Appeal Upholds the High Court’s Decision That Long Waiting Times for Transgender Healthcare are Lawful

Court of Appeal Upholds the High Court’s Decision That Long Waiting Times for Transgender Healthcare are Lawful Lucy McCann R (on the application of AA (A Child)) v National Health Service Commissioning Board (NHS England) [2023] EWCA Civ 902 on appeal from [2023] EHWC 43 (Admin). On 16 January 2023,…
September 29, 2023Posted inClinical negligence, Issue 14Tags: ,
Posted inClinical negligence Issue 14 Quantum

Quantum Trial in Cerebral Palsy Case

Quantum Trial in Cerebral Palsy Case John Whitting KC and Thomas Hayes CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) Background The Claimant was a young girl who developed cerebral palsy with severe spastic quadriplegia, profound learning disabilities, visual impairment and epilepsy following severe chronic partial…
September 28, 2023Posted inClinical negligence, Issue 14, QuantumTags: , ,
Posted inClinical negligence Issue 14

Fabrication of Medical Records

Fabrication of Medical Records Shaheen Rahman KC Astley v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) Mr Justice Martin Spencer found for the Claimant in this brain injury case, notable for his conclusion that the medical records were not only inaccurate but fabricated by midwifery staff. The…
September 27, 2023Posted inClinical negligence, Issue 14Tags: ,
Posted inClinical negligence Issue 14

Interest and Part 36 Offers

Interest and Part 36 Offers Angus McCullough KC MGS v University Hospitals Bristol and Weston NHS Foundation Trust [2023] EWHC 1547 (KB) Facts This case related to a high value brain injury from neonatal hypoglycaemia, which settled on the basis of a lump sum of £9.3 million plus periodical payments. Procedural…
September 26, 2023Posted inClinical negligence, Issue 14Tags:
Posted inClinical negligence Issue 14

Tragic Death of Newborn from Infection was not due to Negligence

Tragic Death of Newborn from Infection was not due to Negligence Judith Rogerson Callaghan v South Tees Hospitals NHS Foundation Trust [2023] EWHC 1199 (KB) Background  This case arose from the death of the Claimant’s daughter, Imogen, who died from Group B Streptococcus (“GBS”) bacterial meningitis and septicaemia when she…
September 25, 2023Posted inClinical negligence, Issue 14Tags: , ,
Posted inClinical negligence Issue 14

Privacy in the Public Eye – Disgraced Surgeon Fails to Block Disclosure in Mass Litigation

Privacy in the Public Eye – Disgraced Surgeon Fails to Block Disclosure in Mass Litigation Jasper Gold Dixon v North Bristol NHS Trust [2022] EWHC 1871 (QB)  - The First Judgment Dixon v North Bristol NHS Trust [2022] EWHC 3127 (KB) – The Second Judgment References to paragraphs in the…
September 21, 2023Posted inClinical negligence, Issue 14Tags: , ,