Dominic Ruck Keene, Author at The QMLR Archive

Vicarious and Direct Liability for Horseplay

Chell v Tarmac Cement and Lime Limited [2022] EWCA Civ 7 The Facts The Claimant was employed as a site fitter for Roltech Engineering Ltd who contracted his services out to Tarmac Cement and Lime Ltd. Tensions arose with Tarmac’s own fitters and the Claimant spoke to his supervisor about…

By Dominic Ruck Keene May 24, 2022Issue 11, Personal injuryvicarious liability

Abuse/Child Abuse Issue 10

The Boundaries of Vicarious Liability for Historic Child Abuse Explored Once Again

Blackpool Football Club v DSN [2021] EWCA Civ 1352 The facts The Court of Appeal considered an appeal against a finding that a football club was liable for the sexual abuse inflicted on a 13-year-old youth player in 1987 by a volunteer scout (Mr Roper) during a tour of New…

By Dominic Ruck Keene January 24, 2022Abuse/Child Abuse, Issue 10vicarious liability

Clinical negligence Issue 10

Limitation

Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 261 (QB). Aderounmu v Colvin [2021 EWHC 2293 (QB) The Facts – Wilkins Deputy High Court Judge Hermer QC determined as a preliminary issue whether the claim against the Defendant Hospital for negligently failing to treat a significant post-knee replacement…

By Dominic Ruck Keene January 19, 2022Clinical negligence, Issue 10limitation

Abuse/Child Abuse

High Court Rejects ‘Failure to Remove’ Abuse Claim

DFX v Coventry City Council [2021] EWHC 1382 (QB) In a significant adverse judgment for child abuse claimants, Mrs Justice Lambert rejected a claim brought by a number of Claimants who alleged that the Defendant council’s social services negligently delayed in instigating care proceedings and that, had they been removed…

By Dominic Ruck Keene July 9, 2021Abuse/Child AbuseAssumption of responsibility, Duty of care, Public authorities

Clinical negligence Issue 9

Advice and Aortic Valves

Negus v Guy’s and St Thomas’s NHS Foundation Trust [2021] EWHC 643 (QB) The facts The claim was brought by the executors on behalf of the estate of Mrs Tracy Neill. On 4 March 2014 the Deceased underwent the implantation of a 19mm mechanical aortic valve. The Claimants alleged that…

By Dominic Ruck Keene July 5, 2021Clinical negligence, Issue 9medical devices, medical records, witness evidence

Clinical negligence Issue 9

The Importance of Contemporaneous Medical Records

HXC (by her litigation friend) JXS vs Hind, Craze [2020] 10 WLUK 603 The facts On 8 June 2016, the then 24-year-old Claimant suffered a catastrophic subarachnoid haemorrhage arising from the rupture of a 10-11mm left internal carotid artery aneurysm. As a result of the haemorrhage she had a dense…

By Dominic Ruck Keene July 5, 2021Clinical negligence, Issue 9medical records, witness evidence

Issue 8 Personal injury

Personal Liability – MOD

Constance v (1) MOD (2) Portsmouth Hospitals University NHS Trust [2020] EWHC 3029 (QB) The Facts Mr David Lock QC sitting as a deputy Judge of the High Court held the Ministry of Defence and an NHS Trust to be liable to a former soldier whose hearing loss had been…

By Dominic Ruck Keene April 15, 2021Issue 8, Personal injury

Inquests Issue 8

Article 2 Inquests and Previous Criminal Proceedings

R (on the application of Grice) v HM Senior Coroner of Brighton and Hove [2020] EWHC 3581 (Admin) The Facts Garnham J considered a judicial review of a refusal to resume an inquest into the death of Shana Grice, who had been murdered by her former boyfriend at her home…

By Dominic Ruck Keene April 15, 2021Inquests, Issue 8Article 2

Clinical negligence Issue 7

GDPR and Inaccurate Clinical Records

R (Mrs AB) v Northumbria Healthcare NHS Foundation Trust, Cumbria Northumberland Tyne and Wear Foundation Trust [2020] EWHC 2287 (Admin) HHJ Davis-White sitting as a judge of the High Court refused the Claimant’s renewed application for permission to bring a judicial review proceedings challenging the refusal to delete inaccurate information…

By Dominic Ruck Keene March 8, 2021Clinical negligence, Issue 7

Clinical negligence Issue 7

Surveillance Evidence and Fundamental Dishonesty

Wilcox v King’s College Hospital NHS Foundation Trust [2020] EWHC 2555 (QB) Garraway v Holland & Barrett Limited [2020] 3 WLUK 582 (accessible on Lawtel and Westlaw only) Two recent decisions consider the use of surveillance evidence in the context of fundamental dishonesty. Wilcox v King’s College Hospital NHS Foundation…

By Dominic Ruck Keene March 8, 2021Clinical negligence, Issue 7Fundamental Dishonesty