Dominic Ruck Keene, Author at The QMLR Archive

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…

By Dominic Ruck Keene June 22, 2026Clinical Negligence, Issue 16Causation, Informed consent, material contribution, vicarious liability

Issue 16 Personal injury

Causation and quantum in MOD hearing loss claims

Causation and quantum in MOD hearing loss claims Dominic Ruck Keene Abbott and Ors v MOD [2026] EWHC 941 (KB) This very lengthy judgment follows a lengthy trial of two test cases and a series of generic issues arising from claims by former members of HM Armed Forces for noise-induced…

By Dominic Ruck Keene May 7, 2026Issue 16, Personal injuryCausation, Expert evidence, Quantum

Clinical Negligence Issue 14

Bolam, Bolitho and Informed Consent

Bolam, Bolitho and Informed Consent Dominic Ruck Keene McCulloch and Others v Forth Valley Health Board [2023] UKSC 26 The Supreme Court has given an authoritative re-statement of the application of the ‘Professional Practice Test’ or ‘Bolam’ test in the context of informed consent. This was a Scottish case, but…

By Dominic Ruck Keene October 3, 2023Clinical Negligence, Issue 14Consent

Inquests Issue 13

An end to the Plus of Galbraith in Inquests?

R (Police Officer B50) v HM Coroner for East Yorkshire and Kingston Upon Hull [2023] EWHC 81 (Admin) The Divisional Court (Stuart-Smith LJ and Fordham J) considered a challenge to a Coroner’s application of the Galbraith test as to what conclusions can safely be left to a jury in an…

By Dominic Ruck Keene July 18, 2023Inquests, Issue 13fresh inquest, illegality

Issue 12 Public

Discharge of Patients into Care Homes and Covid-19

R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to…

By Dominic Ruck Keene May 2, 2023Issue 12, PublicCoronavirus

Inquests Issue 12

Article 2 Systemic Duty and a teenager under Community Mental Health Services

R (Patton) v HM Assistant Coroner for Carmarthenshire and Pembrokeshire [2022] EWHC 1377 (Admin) Mrs Justice Hill quashed a ruling that the Article 2 general (or systemic) duty had not been potentially engaged by the death of Kianna Patton. The facts Kianna had been found hanging aged 16 at a…

By Dominic Ruck Keene May 2, 2023Inquests, Issue 12Article 2

Inquests Issue 12

Article 2 and a Child Under a Care Order

R (Boyce) v HM Senior Coroner for Teeside and Hartlepool [2022] EWHC 107 (Admin) Mrs Justice Belcher upheld the Coroner’s decision that Article 2 was not engaged by the death of a 15 year old girl (Grace Peers) who died while in the care of Middlesborough Borough Council, who had placed…

By Dominic Ruck Keene May 2, 2023Inquests, Issue 12Article 2

Issue 11 Personal injury

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

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