Posted inIssue 16 Personal injury

When does a dependency claim under the Fatal Accidents Act 1976 end?

When does a dependency claim under the Fatal Accidents Act 1976 end? Leo Kirby Eileen Roberts (as the widow and administrator of the estate of Dennis Roberts, deceased) v Ford Motor Company Ltd [2026] EWHC 1787 (KB) In Roberts v Ford Motor Company Ltd, HHJ Tindal (sitting as a High…
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Posted inInquests Issue 16

The Court of Appeal rejects the premature restriction of scope in domestic abuse inquest

The Court of Appeal rejects the premature restriction of scope in domestic abuse inquest Leo Kirby R (on the application of O’Brien) v HM Assistant Coroner for Sefton, Knowsley and St Helens [2026] EWCA Civ 499 Introduction The Court of Appeal (Newey, Edis and Whipple LJJs) has allowed the appeal…
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Posted inIssue 16 Regulatory

Regulatory sanctions on appeal: Court of Appeal upholds suspension for surgeon

Regulatory sanctions on appeal: Court of Appeal upholds suspension for surgeon Leo Kirby General Medical Council v Gilbert & Professional Standards Authority [2026] EWCA Civ 53 Both the General Medical Council (“GMC”) and the Professional Standards Authority (“PSA”) appealed decisions of a Medical Practitioners Tribunal (“MPT”) and the High Court…
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Posted inClinical Negligence Issue 16

Facing down extortion: NHS trusts and healthcare data

Facing down extortion: NHS trusts and healthcare data Leo Kirby Barts Health NHS Trust v Persons Unknown [2025] EWHC 3230 (KB) This judgment of Cavanagh J, sitting as the interim applications and Out-of-Hours judge on 8 December 2025, illustrates the circumstances where a court will grant a without-notice pre-action application…
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Posted inClinical Negligence Issue 15

Establishing the facts in the face of silence and uncertainty

Establishing the facts in the face of silence and uncertainty Leo Kirby Shaheen & Ahmed (Estate of Ajaz Ahmed) v Daish [2025] EWHC 3056 (KB) This case shows how claimants can convince the court that their version of the facts is right despite the contemporaneous record being silent and neither…
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Posted inClinical Negligence Issue 15

The limits of discretion in case management decisions

The limits of discretion in case management decisions Leo Kirby Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB) Background The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had…
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Posted inClinical Negligence Data & Information Issue 15

Anonymity orders: putting the genie back in the bottle?

Anonymity orders: putting the genie back in the bottle? Leo Kirby PMC -v- A Local Health Board [2024] EWHC 2969 (KB) Nicklin J provides guidance on when and how to seek orders for anonymity and/or reporting restrictions. The default position must be open justice: it is for the applicant to…
Posted inClinical Negligence, Data & Information, Issue 15Tags: ,