Posted inClinical negligence Issue 3

Are Honest Recollections Reliable?

CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB)  This article originally appeared in Issue 3 (November 2019). Background  This was a claim for negligence in the management of the Claimant’s birth where unusually the trial focussed on a single key issue of disputed fact. It had…
November 1, 2019Posted inClinical negligence, Issue 3Tags:
Posted inClinical negligence Costs Issue 2

Recoverability of ATE Premiums

Suzanne West v Stockport NHS FT and Demouilpied v Stockport NHS FT [2019] EWCA Civ 1220  This article originally appeared in Issue 2 (July 2019). In these conjoined appeals the Court of Appeal (Sir Terence Etherton MR, Irwin and Coulson LJJ) have taken the opportunity to deal with a number…
July 27, 2019Posted inClinical negligence, Costs, Issue 2Tags: No Comments
Posted inIssue 2 Regulatory

Disciplinary Proceedings and Serious Procedural Irregularities

Beard v General Osteopathic Council [2019] EWHC 1561 (Admin)  This article originally appeared in Issue 2 (July 2019). This was an appeal by the registrant osteopath against the GOC’s Professional Conduct Committee (PCC’s) decision to impose conditions on her registration. Her real complaint on appeal was that the hearing of…
July 1, 2019Posted inIssue 2, RegulatoryTags: , ,
Posted inClinical negligence Issue 2 Quantum

The New Discount Rate and a Proposal for Dual Rates

The article originally appeared in Issue 2 (July 2019). We couldn’t omit from this edition of QMLR the Lord Chancellor’s announcement on 15 July 2019 of a revised discount rate of minus 0.25% to take effect from 5 August 2019. It will cover all personal injury claims, irrespective of the…
July 1, 2019Posted inClinical negligence, Issue 2, QuantumTags:
Posted inClinical negligence Issue 1 Procedural

Interim Payments and Eeles

Farrington v Menzies-Haines [2019] EWHC 1297 This article originally appeared in Issue 1 (May 2019). This was a brain injury claim following an RTA. Liability, subject to an argument on contributory negligence, was admitted. As to causation, the Defendant disputed the extent to which the Claimant’s injuries were attributable to…
May 1, 2019Posted inClinical negligence, Issue 1, ProceduralTags:
Posted inClinical negligence Issue 1

Causation and the Chester Principle

Paul Pomphrey v Secretary of State for Health (2) North Bristol NHS Trust (3) [2019] 4 WLUK 483  This article originally appeared in Issue 1 (May 2019). This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It…
May 1, 2019Posted inClinical negligence, Issue 1Tags: ,