Quantum Trial in Cerebral Palsy Case

Quantum Trial in Cerebral Palsy Case John Whitting KC and Thomas Hayes CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) Background The Claimant was a young girl who developed cerebral palsy with severe spastic quadriplegia, profound learning disabilities, visual impairment and epilepsy following severe chronic partial…

Swift V Carpenter – Questions and Observations

Swift v Carpenter [2020] EWCA Civ 1467 Days after the judgment in Swift v Carpenter was handed down, Lizanne Gumbel QC (“EAG QC”) and John Whitting QC (“JW QC”) of 1 Crown Office Row gave a webinar in which they talked through some questions arising out of the judgment and…

Damned Lies: Risk, Statistical Association and Causation

Clements v Imperial College Healthcare NHS Trust [2018] EWHC 2064 AB v East Lancashire Hospitals NHS Trust [2019] EWHC 3542 (QB)  This article originally appeared in Issue 4 (March 2020). We are all familiar with the challenge of proving that a given breach of duty was causally relevant to injury…