The Supreme Court Allows Lost Years Claims for Children in CCC

The Supreme Court Allows Lost Years Claims for Children in CCC Lizanne Gumbel KC and Rajkiran Arhestey CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 Introduction The Supreme Court has finally provided the answer to a question which has vexed many clinical negligence practitioners, particularly those who…

Birth injuries and expert evidence

Birth injuries and expert evidence Elizabeth-Anne Gumbel KC OAJ By His Mother and Litigation Friend CFT v Dorset County Hospitals NHS Foundation Trust [2025] EWHC 3345 This is the third birth damage case in just over 3 years in which Mr Justice Ritchie has been the trial Judge. The other…

Fundamental dishonesty: recent lessons

Fundamental dishonesty: recent lessons Elizabeth-Anne Gumbel KC Ms Wilma Agnes Cullen - and – Dr Ruth Henniker-Major [2024] EWHC 2809 (KB) This was a clinical negligence case arising out of a negligently delayed diagnosis of laryngeal cancer, resulting in more extensive treatment for the cancer than would otherwise have been…

Vicarious Liability for Abuse by Foster Parents who are also Relatives

Vicarious Liability for Abuse by Foster Parents who are also Relatives Lizanne Gumbel KC DJ v Barnsley Metropolitan Borough Council, AG [2023] EWHC 1815 (KB) Introduction Despite the developments in the law of vicarious liability through the cases of: JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust…

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation Lizanne Gumbel KC Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15 Introduction In 1965, Lord Pearce, in the case of Imperial Chemical Industries Ltd v Shatwell [1965] AC 656, described…