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…
January 12, 2026Posted inClinical Negligence, Issue 16Tags: ,
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…
December 17, 2025Posted inClinical Negligence, Issue 15Tags: ,
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…
February 6, 2025Posted inClinical Negligence, Issue 15Tags:
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…
December 3, 2024Posted inClinical Negligence, Data & Information, Issue 15Tags: ,