Assessing the Standard of Care – Past or Present?

Jones v Taunton and Somerset NHS Foundation Trust [2019] EWHC 1408 (QB)  This article originally appeared in Issue 3 (November 2019). It is trite law that if a doctor acts in accordance with a responsible body of medical opinion at the time of the treatment, their actions are not negligent,…

Causation and Pragmatism

Marshall v Schembri [2019] EWHC 283 (QB)  This article originally appeared in Issue 3 (November 2019). In this judgment of Stewart J the court considered a claim brought by the widower of a woman who died due to cardiac arrest. She had a history of pulmonary embolism (“PE”). It was…

The Supreme Court Rules on the Liability of Public Authorities

Poole Borough Council v GN (through his litigation friend ‘The Official Solicitor’) and another [2019] UKSC 25  The article originally appeared in Issue 2 (July 2019). In this judgment, handed down by Lord Reed in June 2019, the Supreme Court found that Poole Borough Council did not owe a duty…

In Brief – July 2019

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 2, July 2019. ARB v IVF Hammersmith Limited [2018] EWCA Civ 2803 - On 17 July 2019, the Supreme Court refused to grant permission…