Posted inIssue 8 Procedural

Some Procedural Issues in Brief

Jarman v Brighton and Sussex University Hospitals NHS Trust [2020] EWHC 3238 (QB) Cherian v Cambridge University Hospitals NHS Foundation Trust [2020] EWHC 3601 (QB) Taleb (A Child Proceeding by His Litigation Friend M) v Imperial College Healthcare NHS Trust [2020] EWHC 1147 (QB) When can an expert in one…
April 15, 2021Posted inIssue 8, ProceduralTags:
Posted inClinical Negligence Issue 7

Informed Consent

Alan McNab and Others v Greater Glasgow Health Board [2020] CSOH 53 Plant v El-Amir [2020] EWHC 2902 (QB) Updated GMC Guidance on Consent, effective from 9 November 2020 On 9th November 2020, new guidance from the GMC came into force with respect to informed consent. This guidance was produced…
March 8, 2021Posted inClinical Negligence, Issue 7Tags:
Posted inIssue 5 Regulatory

When Side-Stepping the Agreed Contractual Disciplinary Procedure will be in Breach of Contract

Smo v Hywel Dda University Health Board [2020] EWHC 727  This article originally appeared in Issue 5 (May 2020). The Claimant, a consultant colorectal surgeon, was subject to disciplinary proceedings in respect of conduct and his approach to clinical practice pursuant to "Upholding Professional Standards in Wales" (UPSW) closely modelled…
May 1, 2020Posted inIssue 5, Regulatory
Posted inClinical Negligence Special Issue

Legal Immunity in the Covid-19 Pandemic?

It was reported over the weekend of 18-19 April 2020 that the Medical Defence Union (“MDU”), which provides legal support to around 200,000 doctors, was calling for a debate on the need for emergency legislation to protect doctors from negligence claims arising from the COVID-19 emergency.  The particular concerns raised…
April 1, 2020Posted inClinical Negligence, Special IssueTags: , ,
Posted inCosts Issue 4

QOCS and Mixed Claims

Brown v Commissioner of Police for the Metropolis [2019] EWCA 1724  This article originally appeared in Issue 4 (March 2020). The Court of Appeal has clarified that if proceedings involve a claim for damages for personal injury together with a non-personal injury claim, the costs protection under the qualified one-way…
March 1, 2020Posted inCosts, Issue 4Tags:
Posted inIssue 4 Public

Judicial Review and Reconfiguration

R (Nettleship) v (1) NHS South Tyneside Clinical Commissioning Group (2) NHS Sunderland Clinical Commissioning Group [2020] EWCA Civ 46  This article originally appeared in Issue 4 (March 2020). This was a judicial review of a hospital reconfiguration decision following a consultation by the Clinical Commissioning Group (“CCG”). The appellant…
March 1, 2020Posted inIssue 4, Public