Posted inInquests Issue 10

When does the Article 2 Investigative Duty Arise?

R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin) Facts Tanya Morahan (“Tanya”) had a history of paranoid schizophrenia and harmful cocaine use. From mid-May 2018 she was an inpatient at a rehabilitation unit operated by the Trust. She was initially detained under s.3 of the Mental Health Act…
January 24, 2022Posted inInquests, Issue 10Tags:
Posted inIssue 9 Public

Parental Consent and Puberty Blockers: the fall out from Bell

AB v CD & Ors [2021] EWHC 741 (Fam) In the last issue of QMLR this author considered the High Court’s decision in Bell v Tavistock, which concerned whether children were capable of consenting to puberty blockers (“PBs”) as treatment for gender dysphoria. A three-judge panel in the Divisional Court…
July 5, 2021Posted inIssue 9, PublicTags: ,
Posted inClinical negligence Issue 9

The Standard of Care and Health Visitors

XM (By His Father and Litigation Friend FM) v Leicestershire Partnership NHS Trust [2020] EWHC 3102 (QB) XM (By His Father and Litigation Friend FM) v Leicestershire Partnership NHS Trust [2020] EWHC 3102 (QB) This article focuses on one interesting aspect of this detailed decision – its consideration of the…
July 5, 2021Posted inClinical negligence, Issue 9Tags:
Posted inClinical negligence Issue 8

Spinal Surgery

Henry v Oxford University Hospitals NHS Foundation Trust [2020] EWHC 3306 (QB) This claim concerned posterior instrumental fusion surgery which took place on 22 July 2010. The Claimant alleged that there was failure to recognise misplacement of the L5 pedicle screw, either intra-operatively, in the immediate post-operative period or longer…
April 15, 2021Posted inClinical negligence, Issue 8Tags:
Posted inClinical negligence Issue 8

Medical Records and Reliability

Failes v Oxford University Hospitals NHS Trust [2020] EWHC 3333 (QB) Along with Ismail and Dutta considered by Jeremy Hyam QC, this decision of HHJ Cotter QC also provides a good example of the approach courts will take to the reliability of medical records and witness testimony. On 9 June…
April 15, 2021Posted inClinical negligence, Issue 8Tags:
Posted inIssue 8 Public

Children, Informed Consent and Puberty Blockers

Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (Admin) Introduction This was a claim for judicial review of the practice of the Defendant’s Gender Identity Development Service (GIDS) and two other Trusts joined as Interveners (University College London and Leeds Teaching Hospitals NHS Trusts)…
April 1, 2021Posted inIssue 8, PublicTags: ,
Posted inClinical negligence Issue 6

Bolam, Bolitho, or Both-of-‘Em?

Bradfield-Kay v Cope [2020] EWHC 1351 (QB)  This article originally appeared in Issue 6 (September 2020). This split trial on breach of duty concerned allegations relating to the performance of a total left hip replacement by the Defendant. Of interest is the approach taken by the judge to the distinction…
September 1, 2020Posted inClinical negligence, Issue 6Tags: ,
Posted inClinical negligence Inquests Issue 6 Procedural

In Brief – September 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 6, September 2020. Chaplin v Pistol [2020] EWHC 1543 (QB) – Defendant applied for permission for expert evidence in the field of statistics/life…
September 1, 2020Posted inClinical negligence, Inquests, Issue 6, ProceduralTags:
Posted inPublic Special Issue

Abortion and a Woman’s Home

R (on the application of Christian Concern) v Secretary of State for Health and Social Care [2020] EWCA 1546 (Admin)  The High Court refused the Appellant permission to bring a judicial review against the decision of the Secretary of State to approve ‘the home of a woman’ as being a…
July 1, 2020Posted inPublic, Special IssueTags:
Posted inIssue 5 Quantum

PSLA in St Helena

Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1  This article originally appeared in Issue 5 (May 2020). This case arose out of two actions for damages for personal injury brought against a doctor employed on the island of St Helena (in the South Atlantic…
May 1, 2020Posted inIssue 5, Quantum