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…

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…

MJF: a re-emphasis on statements of case and evidential rigour

MJF: a re-emphasis on statements of case and evidential rigour Allyna Ng MJF (a Protected Party proceeding by her mother and litigation friend, ITZ) v University Hospitals Birmingham NHS Trust [2024] EWHC 3156 (KB) The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in…

Disentangling symptoms and their causes

Disentangling symptoms and their causes Matthew Leitch Tuffin v University Hospitals Coventry and Warwickshire NHS Trust [2024] EWHC 3318 (KB) Background In Tuffin, the Claimant underwent elective spinal surgery in 2015. In breach of duty, the Defendant failed to administer Clexane (a medication to prevent blood clots) post-surgery. This resulted…

Hospital successfully challenges Public Inquiry’s refusal to admit expert evidence

Hospital successfully challenges Public Inquiry’s refusal to admit expert evidence Matthew Hill In the Petition of the Greater Glasgow Health Board for Judicial Review against The Rt Hon Lord Brodie KC PC, Chairman of the Scottish Hospitals Inquiry [2025] CSOH 12 In a rare successful judicial review of a statutory…

Court of Appeal Gives Guidance as to Correct Approach to Anonymity Orders Until Outcome of PMC Appeal

Court of Appeal Gives Guidance as to Correct Approach to Anonymity Orders Until Outcome of PMC Appeal Rajkiran Arhestey PMC v A Local Health Board [2025] EWCA Civ 176 The Court of Appeal has given guidance to practitioners on how to approach anonymity orders until the resolution of the appeal…

The limits of discretion in case management decisions

The limits of discretion in case management decisions Leo Kirby Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB) Background The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had…