In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020.
M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead and therefore no best interests assessment was required in deciding whether to withdraw ventilation. CA found that Midrar was dead, either on the definition of brain stem death or whole brain death, and therefore there was no basis for a best interests assessment.
R (on the application of British Pregnancy Advisory Service) v Secretary of State for Health and Social Care [2020] EWCA Civ 355 – Matt Flinn covered the High Court decision in Issue 2, which was upheld by the Court of Appeal.
Agoe v General Medical Council [2020] EWHC 39 (Admin) – Practice’s registration with CQC suspended, doctors continued working despite the suspension, Interim Orders Tribunal suspended doctors’ registration for 12 months, decision by IOT challenged, found that IOT had given sufficient reasons for suspension.
BXB v Watch Tower & Bible Tract Society of Pennsylvania & Ors [2020] EWHC 656 (Admin) – costs point – The Defendants breached Court direction to serve a statement explaining refusal to engage in ADR. Claimant was awarded indemnity costs from the date of refusal.
Carroll v Taylor [2020] EWHC 153 (QB) – Claimant was robbed by a taxi driver on his way home – was abandoned in the street by taxi driver and fell off a motorway bridge, suffering catastrophic injuries – claim brought against the taxi insurer for damages – did the Claimant’s injuries arise out of the use of a taxi – answer was no.
Dowson v Lane [2020] EWHC 642 (QB) – Clinical negligence claim, issue was whether GP had been negligent in failing to refer the diabetic Claimant to a foot clinic, whether the GP had done an examination of the foot, judge found proper examination had been done.
Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) – Appeal against a decision that a claim (concerning a road traffic accident and credit hire) was not fundamentally dishonest – Defendant partially successful.
Jagger v Holland [2020] EWHC 46 (QB) – Claimant, a pedestrian, was hit by a lorry whilst attending a funfair – Occupier’s Liability claim – judgment for the Claimant.
King v South Tees NHS Hospital Foundation Trust [2020] EWHC 416 (QB) – C brought a claim on behalf of her deceased husband, alleging there had been a delay in diagnosis of cancer. Only issue was how advanced the Deceased’s cancer was in June 2016. Conclusion – Claimant would have been N0 in June 2016.
Morrison v Liverpool Women’s NHS Foundation Trust [2020] EWHC 91 (QB) – appeal against Recorder’s decision in favour of Claimant in obstetric case – Turner J found that it was not relevant that the Recorder had failed to refer to Bolam/Bolitho test in original judgment as he had applied the correct test.
Morrow v Shrewsbury Rugby Union Football Club Ltd [2020] EWHC 379 (QB) – Judgment considers the use of intermediaries for vulnerable witnesses in civil proceedings – context of quantum only proceedings, C (adult) alleged he had a brain injury. The judge found intermediary to be of limited use, see [49].
Paula Mackintosh v Sheffield Teaching Hospitals NHS Foundation Trust [2020] EWHC 683 (QB) – case management decision by Master Cook in vaginal mesh litigation – whether case management should be co-ordinated – Master Cook found further delay was not desirable.
Professional Standards Authority for Health and Social Care v Health and Care Professions Council [2020] 3 WLUK 95 – only summary available on Westlaw. Paramedic made an isolated racist comment. Health and Care Professions Council’s Committee found fitness to practice not impaired. Decision challenged. Committee had not erred. Test of impairment was in the present tense – “Isolated incidents could show a momentary lapse which was not reflective of a deep-seated attitude. It was an exercise of judgment.”
Rotherham MBC v ZZ [2020] EWHC 185 (Fam) – whether it was in Baby X’s best interests that he should be resuscitated or receive life-saving treatment – decided that it was not.
Smith, R (On the Application Of) v Assistant Coroner for North West Wales [2020] EWHC 781 (Admin) – judicial review of Coroner’s decision to find that a number of failings in mental health care of Deceased did not contribute to her death. Coroner’s decision upheld – she had properly considered Tainton and Chidlow.
Witham v Steve Hill Ltd [2020] EWHC 299 (QB) – C brought a claim following the death of her husband from mesothelioma. C and her husband had fostered two children and the husband had given up work to look after the children so C could continue working. She successfully claimed a dependency for loss of husband’s domestic and childcare services. D unsuccessfully argued that the claim was an attempt to bypass the rule in the Fatal Accidents Act prohibiting recovery by the foster children.
