Posted inIssue 9 Procedural Quantum

Interim Payments and Eeles

PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) This clear and digestible judgment from Yip J provides an excellent example of the court’s approach to applications for substantial interim payments in cases where periodical payments are…
July 5, 2021Posted inIssue 9, Procedural, QuantumTags:
Posted inCourt of Protection Issue 8

Court of Protection Decisions on Caesarean Sections

A London NHS Trust v KB [2020] EWCOP 59 The Court of Protection granted an order to an NHS Trust permitting it to require KB to undergo a caesarean section prior to spontaneous labour in her own best interests, using proportionate restraint if necessary. As Poole J noted, although the…
April 15, 2021Posted inCourt of Protection, Issue 8
Posted inIssue 8 Public

Medical Termination of Pregnancy and the Home of a Pregnant Woman

R (on the application of Christian Concern) v Secretary of State for Health and Social Care [2020] EWCA Civ 1239 The Court of Appeal has determined that the Divisional Court was right to refuse permission to bring judicial review proceedings challenging a ministerial decision to approve “the home of a…
April 15, 2021Posted inIssue 8, Public
Posted inClinical negligence Issue 8

Cauda Equina and Causation

Hewes v West Hertfordshire Acute Hospitals NHS Trust and 2 Others [2020] EWCA Civ 1523 The Court of Appeal dismissed a challenge to a first instance decision of the High Court that two NHS Trusts and an out-of-hours GP were not liable to the Claimant for alleged failings in the…
April 15, 2021Posted inClinical negligence, Issue 8Tags:
Posted inCourt of Protection Issue 7

Court of Protection Update

Cumbria County Council v A [2020] EWCOP 38 Tower Hamlets LBC v PB [2020] EWCOP 34 The Court of Protection has confirmed that where a Deputy wishes to stop acting, they cannot do so by simply withdrawing their consent to act. An application to cease acting must be made to the…
March 8, 2021Posted inCourt of Protection, Issue 7Tags:
Posted inClinical negligence Issue 7

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…
March 8, 2021Posted inClinical negligence, Issue 7Tags:
Posted inClinical negligence Issue 6 Procedural

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. …
September 1, 2020Posted inClinical negligence, Issue 6, ProceduralTags:
Posted inCourt of Protection Issue 5

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…
May 1, 2020Posted inCourt of Protection, Issue 5Tags: ,
Posted inCourt of Protection Issue 5

Permission Refused for a Review of Contact Arrangements

A v B and Ors [2020] EWCOP 1  This article originally appeared in Issue 5 (May 2020). A mother was refused permission to apply for a full review of the arrangements for contact with her severely autistic son, on the basis that she could not show a “good arguable case”…
May 1, 2020Posted inCourt of Protection, Issue 5
Posted inCourt of Protection Issue 5

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…
May 1, 2020Posted inCourt of Protection, Issue 5Tags: ,