Posted inClinical Negligence Issue 16

The Nottingham Ockenden report (2026): Key findings and implications for clinical negligence practitioners

The Nottingham Ockenden report (2026): Key findings and implications for clinical negligence practitioners Marcus Coates-Walker & Robert Mills THE NOTTINGHAM OCKENDEN REPORT (2026) Background On 24 June 2026, Donna Ockenden published her report into maternity and neonatal services at Nottingham University Hospitals NHS Trust (NUH). It is the largest maternity…
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Posted inClinical Negligence Issue 16

Scientifically uncertain – probability and causation in clinical negligence

Scientifically uncertain – probability and causation in clinical negligence Dominic Ruck Keene Alexander v HCA International Ltd and Dr David Reffitt [2026] EWHC 1284 (KB) The use and misuse of statistics in clinical negligence is a perennial topic, which is not surprising given that experts and lawyers must attempt to…
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Posted inCourt of Protection Issue 16

A new era for detention in care: Cheshire West overturned

A new era for detention in care: Cheshire West overturned Anogika Souresh & Esme Cairns A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16 (“A Reference”) The Supreme Court has handed down a unanimous…
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Posted inClinical Negligence Issue 16

Secondary victims: once again the Court declines to distinguish Paul

Secondary victims: once again the Court declines to distinguish Paul Judith Rogerson (1) BJS (By His Mother & Litigation Friend SXS) (2) SXS v (1) Cumbria, Northumberland, Tyne & Wear NHS Foundation Trust (2) North Cumbria Integrated Care NHS Foundation Trust (unreported) In BJS, a claim where a mother (the…
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Posted inClinical Negligence Issue 16

Late amendment refused in clinical negligence cauda equina claim

Late amendment refused in clinical negligence cauda equina claim Robert Mills Williams v Wilkinson [2026] EWHC 1088 (KB) On 8 May 2026, Mr Justice Cotter refused the Claimant's application to amend her Particulars of Claim, to rely on further witness and expert evidence, and to vacate the imminent trial in…
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Posted inClinical Negligence Issue 16

Risk assessment, the HTT and bed availability: causation in a tragic mental-health claim

Risk assessment, the HTT and bed availability: causation in a tragic mental-health claim Robert Mills Ridge v Dorset Healthcare University NHS Foundation Trust [2026] EWHC 898 (KB) In a judgment handed down on 17 April 2026, Edmund Burge KC (sitting as a Deputy Judge of the High Court) dismissed a…
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Posted inInquests Issue 16

The Court of Appeal rejects the premature restriction of scope in domestic abuse inquest

The Court of Appeal rejects the premature restriction of scope in domestic abuse inquest Leo Kirby R (on the application of O’Brien) v HM Assistant Coroner for Sefton, Knowsley and St Helens [2026] EWCA Civ 499 Introduction The Court of Appeal (Newey, Edis and Whipple LJJs) has allowed the appeal…
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Posted inInquests Issue 16

Suicide and the inference of intent

Suicide and the inference of intent Rory Badenoch Toogood v HM Senior Coroner for the Area of Somerset [2026] EWHC 634 (Admin) Introduction In this case the Divisional Court set out useful guidance on the legal framework for determining / inferring suicidal intent in circumstances in which there is no…
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Posted inClinical Negligence Issue 16

LXLP: The role of clinical guidance and whether ‘risk reduction’ is sufficient to prove causation

LXLP: The role of clinical guidance and whether ‘risk reduction’ is sufficient to prove causation Marcus Coates-Walker LXLP v St George’s University Hospitals NHS Foundation Trust [2026] EWHC 560 (KB)  Summary In what context should breach of duty be assessed where national medical guidance is inconsistent with the Defendant’s local hospital…
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