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,…

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…

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…

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…

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…

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…

Fatal Accidents and Limitation

Fatal Accidents and Limitation Amelia Williams Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) Introduction In Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB), Master Cook considered whether a Claimant could rely on Section 33 of the Limitation Act 1980 in a fatal accident claim where…

GMC’s ‘Neither Confirm nor Deny’ Policy with Respect to Groundless Complaints Wins Support in the Upper Tribunal

GMC’s ‘Neither Confirm nor Deny’ Policy with Respect to Groundless Complaints Wins Support in the Upper Tribunal Jasper Gold Myhill v (1) The Information Commissioner and (2) The General Medical Counsel References to paragraphs in the judgment in square brackets  Introduction In Myhill, Upper Tribunal Judge West heard an appeal…

Disclosure of Whatsapp Messages in the Covid Inquiry

Disclosure of Whatsapp Messages in the Covid Inquiry Gareth Rhys The King on the application of the Cabinet Office v The Chair of the UK Covid-19 Inquiry [2023] EWHC 1702 (Admin)  In a decision that may come as little surprise to those working in the fields of inquiries and public…

Schrödinger’s Defendants: Inquests, Unlawful Killing and Criminal Acquittals

Schrödinger’s Defendants: Inquests, Unlawful Killing and Criminal Acquittals Matthew Hill R (Leeson) v HM Area Coroner for Manchester South [2023] EWHC 62 (Admin)  R (Makki) v HMSC for S. Manchester [2023] EWHC 80 (Admin) The Inquests into the Shoreham air crash The coronial and criminal jurisdictions have a long and…