Being BAME is a Major Risk Factor for Dying of Covid-19 – What Can Be Done About It?

Introduction  This article originally appeared in a Covid-19 Special Issue (July 2020). The Public Health England (“PHE”) review into the disparities in risks and outcomes of COVID deaths was published on 3 June 2020. It was intended to address increasing concerns, notably voiced by the British Medical Association, about the…

Covid-19 and Immigration Detention Centres

At the start of the year, some 1,200 immigrants were being held in immigration detention in the UK. The power to detain immigrants is separate from detention of individuals as part of a criminal sentence. There is a presumption against detention of immigrants, and immigration detention can only be in…

Issues in Litigating Informed Consent Claims

Johnstone v NHS Grampian [2019] CSOH 90  This article originally appeared in Issue 4 (March 2020). The Outer House of the Court of Session found that the Pursuer/Claimant (“J”) had given informed consent to the transsphenoidal surgery he underwent and dismissed J’s claim for damages brought against the health authority. …

Dishonesty – Serious Professional Misconduct

Collen Nkomo v General Medical Council [2019] EWHC 2625 (Admin)  This article originally appeared in Issue 3 (November 2019). The High Court dismissed an appeal of a locum general practitioner against the decision of the Medical Practitioners Tribunal (“the Tribunal”) erasing his name from the register of medical practitioners.  Background …

Fundamental Dishonesty

This article originally appeared in Issue 2 (July 2019). Introduction  There are two separate and distinct regimes relating to fundamental dishonesty in litigation which have been available in personal injury claims since 2013. However, in the last year or two, there has been increasing attention focused on the perils and…

Damages and the scope of duty

Meadows v Khan [2019] EWCA Civ 152 This article originally appeared in Issue 1 (May 2019). In this case the Court of Appeal confirmed that when considering the question of liability for damages in negligence for wrongful birth, the correct test was the ‘scope of duty’ test in Australia Asset…