Material Contribution and PTSD

Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB) The High Court applied material contribution causation principles to a case where distress over a delay in an ambulance arriving led the Claimant to develop Post-Traumatic Stress Disorder (“PTSD”). The facts The Claimant suffered a sub-arachnoid haemorrhage…

Application for Permission to Amend a Statement of Case

Pearce v East and North Hertfordshire NHS Trust [2020] EWHC 1504 (QB)  This article originally appeared in Issue 6 (September 2020). In a succinct judgment from Lambert J, the High Court has provided a useful summary of the court’s approach to applications for permission to amend a statement of case. …

Best Interests Assessment and Clinically Assisted Nutrition and Hydration

A Clinical Commissioning Group v AF [2020] EWCOP 16  This article originally appeared in Issue 5 (May 2020). Following a hearing that took place via Skype due to the COVID-19 medical emergency, the court decided it was not in the best interests of a stroke patient to have his Clinically…

Applications Relating to Medical Treatment – A Practical Application

Sherwood Forest Hospitals NHS Foundation Trust [2020] EWCOP 5  This article originally appeared in Issue 5 (May 2020). “Mrs H” was a 71-year-old lady with a history of Bipolar Affective Disorder. She was also suffering from squamous cell carcinoma on her face, but for an extended period of time, she…

Applications Relating to Medical Treatment – Guidance from the Vice-President of the Court of Protection

Applications Relating to Medical Treatment: Guidance Authorised by Justice Hayden, Vice President of the Court of Protection [2020] EWCOP 2  This article originally appeared in Issue 5 (May 2020). On 17 January 2020 the Vice President of the Court of Protection authorised the promulgation of guidance about when those involved…