Posted inClinical Negligence Issue 15

Establishing the facts in the face of silence and uncertainty

Establishing the facts in the face of silence and uncertainty Leo Kirby Shaheen & Ahmed (Estate of Ajaz Ahmed) v Daish [2025] EWHC 3056 (KB) This case shows how claimants can convince the court that their version of the facts is right despite the contemporaneous record being silent and neither…
December 17, 2025Posted inClinical Negligence, Issue 15Tags: ,
Posted inInquests Issue 15

Leaving findings of fact to inquest juries in Article 2 cases

Leaving findings of fact to inquest juries in Article 2 cases Peter Skelton KC R (Bhupinder Iffat Rizvi) v HM Assistant Coroner for South London and others [2025] EWHC 3014 (Admin) Introduction In this case, the High Court considered the appropriate legal test for leaving findings of fact to juries…
December 10, 2025Posted inInquests, Issue 15Tags: , ,
Posted inClinical Negligence Issue 15

Expert evidence refused for a Defendant who puts a Claimant to proof

Expert evidence refused for a Defendant who puts a Claimant to proof Robert Mills Fox v Moroney and Others [unreported, 5 September 2025] The claim was brought against a dental practice for negligent dental treatment performed by dentists based at the practice. The allegations were based on breaches of non-delegable duties…
November 13, 2025Posted inClinical Negligence, Issue 15Tags: , ,
Posted inAbuse / Child Abuse Clinical Negligence Issue 15

Child Abuse and Scope of Duty of Medical Practitioners

Child Abuse and Scope of Duty of Medical Practitioners Rajkiran Arhestey Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488 (KB) In this sad case, Turner J considered the scope of duty of hospital doctors towards a baby who was the victim of an assault perpetrated…
October 15, 2025Posted inAbuse / Child Abuse, Clinical Negligence, Issue 15Tags: , , , ,
Posted inIssue 15 Personal injury

Fundamental Dishonesty and the Role of Experts

Fundamental Dishonesty and The Role of Experts Matthew Leitch O’Connell v Ministry of Defence [2025] EWHC 2301 (KB) In O’Connell, Christopher Kennedy KC, sitting as a Deputy High Court Judge, dismissed claims in negligence and under the Animals Act 1971 brought by a former gunner in the Royal Horse Artillery.…
October 3, 2025Posted inIssue 15, Personal injuryTags:
Posted inClinical Negligence Issue 15

Bailey v (1) Bijlani (2) MBNA Ltd [2025] EWHC 175 (KB) and medical treatment claims under the Consumer Credit Act 1974

Bailey v (1) Bijlani (2) MBNA Ltd [2025] EWHC 175 (KB) and medical treatment claims under the Consumer Credit Act 1974 Richard Mumford This is an updated version of an article which previously appeared in QMLR Issue 8 in April 2021 Introduction Where medical treatment has been paid for on…
July 4, 2025Posted inClinical Negligence, Issue 15
Posted inClinical Negligence Issue 15

Fundamental dishonesty: recent lessons

Fundamental dishonesty: recent lessons Elizabeth-Anne Gumbel KC Ms Wilma Agnes Cullen - and – Dr Ruth Henniker-Major [2024] EWHC 2809 (KB) This was a clinical negligence case arising out of a negligently delayed diagnosis of laryngeal cancer, resulting in more extensive treatment for the cancer than would otherwise have been…
March 17, 2025Posted inClinical Negligence, Issue 15Tags: