Posted inInquests Issue 13

Fresh Inquest into Death by Suicide Following Cessation of Benefits is Granted

Joy Dove v (1) HM Assistant Coroner for Teesside and Hartlepool and (2) Dr Shareen Rahman [2023] EWCA Civ 289 In Issue 10 of QMLR, I considered the judgment of the Divisional Court that refused the Applicant’s four grounds seeking an order to quash the Coroner’s determination. That article, and…
July 18, 2023Posted inInquests, Issue 13Tags:
Posted inClinical negligence Issue 13 Personal injury

Consent and Factual Causation – Two Recent Cases

Watts v North Bristol NHS Trust [2022] EWHC 2048 (QB) Snow v Royal United Hospitals Bath NHS Foundation Trust [2023] EWHC 42 (KB) Two cases from the past year illustrate the importance of factual causation as an issue in litigation concerning consent to treatment and provide various reminders on points…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injury
Posted inClinical negligence Issue 13 Personal injury

Montgomery and Material Contribution

CNZ v Royal Bath Hospitals NHS Foundation Trust and (2) Secretary of State for Health and Social Care Background In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims. The relevant findings of fact: The Claimant was born in a…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injury
Posted inInquests Issue 13

The Supreme Court provides authoritative guidance on the application of Article 2 to Coronial investigations and inquests

R (Maguire) v HM Senior Coroner for Blackpool & Fylde and another [2023] UKSC 20 Introduction The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial…
July 18, 2023Posted inInquests, Issue 13
Posted inData and Information Issue 12

Data Protection

Underwood v Bounty UK Ltd & Hampshire Hospitals NHS Trust [2022] EWHC 888 (QB) Background Ms Underwood awoke on a post-natal ward, after a difficult labour lasting more than 100 hours and ending in an emergency caesarean, to a woman whom she assumed was part of the hospital’s maternity staff…
May 2, 2023Posted inData and Information, Issue 12
Posted inIssue 12 Public

Discharge of Patients into Care Homes and Covid-19

R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to…
May 2, 2023Posted inIssue 12, PublicTags:
Posted inInquests Issue 12

Article 2 Systemic Duty and a teenager under Community Mental Health Services

R (Patton) v HM Assistant Coroner for Carmarthenshire and Pembrokeshire [2022] EWHC 1377 (Admin) Mrs Justice Hill quashed a ruling that the Article 2 general (or systemic) duty had not been potentially engaged by the death of Kianna Patton. The facts Kianna had been found hanging aged 16 at a…
May 2, 2023Posted inInquests, Issue 12Tags:
Posted inClinical negligence Issue 12

Out of Hours Emergency Mental Health Provision and Paper Records

Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) In Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) following her husband’s suicide after a relapse in his psychiatric condition, the Claimant brought proceedings on behalf of her deceased husband’s estate and herself as…
May 2, 2023Posted inClinical negligence, Issue 12
Posted inInquests Issue 12

Article 2 and a Child Under a Care Order

R (Boyce) v HM Senior Coroner for Teeside and Hartlepool [2022] EWHC 107 (Admin) Mrs Justice Belcher upheld the Coroner’s decision that Article 2 was not engaged by the death of a 15 year old girl (Grace Peers) who died while in the care of Middlesborough Borough Council, who had placed…
May 2, 2023Posted inInquests, Issue 12Tags:
Posted inClinical negligence Issue 12

Fundamental Dishonesty

Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 (QB) Mr Cojanu, the Claimant, arrived in prison in need of surgery. His injuries, deep cuts to his fingers, were sustained when he attacked his wife with a knife – the very incident which landed him in prison in the…
May 2, 2023Posted inClinical negligence, Issue 12Tags: