Dominic Ruck Keene, Author at The QMLR Archive

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

Inquests Special Issue

Covid-19 and Causation

One key factor that is driving the Government’s response to COVID-19 is the number of deaths. Those are deaths ‘from’ COVID-19, the number of deaths ‘with’ COVID-19, and the number of those who have died with or from COVID-19 who are ‘likely’ to have died within a certain period of…

By Dominic Ruck Keene July 22, 2020Inquests, Special IssueCausation, Coronavirus

Procedural Special Issue

Fairness of a Remote Hearing

SC v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1445 (QB) This article originally appeared in a Covid-19 Special Issue (July 2020). The facts The Defendant Trust applied a week before a clinical negligence trial for its adjournment on the basis that it would be unfair to hold the…

By Dominic Ruck Keene July 1, 2020Procedural, Special Issueadjournment, Coronavirus

Inquiries Special Issue

The Civil Justice Council Rapid Review

Civil Justice Council Report on the Impact of COVID-19 on Civil Court Users Published The Review The Civil Justice Council was requested by the Master of the Rolls (Sir Terence Etherton) to conduct a rapid review between 1 and 15 May 2020 on the impact of COVID-19 on the civil…

By Dominic Ruck Keene July 1, 2020Inquiries, Special IssueCoronavirus

Clinical negligence Issue 5

Vicarious Liability – Associate Dentists

Ramdhean v Agedo and The Forum Dental Practice Limited 2020 WL 00620352 This article originally appeared in Issue 5 (May 2020). The Facts The claim arose out of allegedly negligent care given to the Claimant at a dental surgery. A preliminary hearing was held at Leeds County Court to consider…

By Dominic Ruck Keene May 1, 2020Clinical negligence, Issue 5dental negligence, vicarious liabilityNo Comments

Clinical negligence Issue 5

Causation – No Need to Prove a Specific Mechanism?

Schembri v Marshall [2020] EWCA Civ 358 This article originally appeared in Issue 5 (May 2020). Somewhat surprisingly, the Court of Appeal has upheld the controversial judgment of Stewart J (covered in Issue 3) that the Claimant’s wife would not have died if she had been referred to hospital, despite…

By Dominic Ruck Keene May 1, 2020Clinical negligence, Issue 5CausationNo Comments