Article 2 and the Provision of Healthcare

R (Maguire) v HM Senior Coroner for Blackpool [2020] EWCA Civ 738 Where Article 2 of the Convention is invoked to allege inadequate provision of healthcare by the state, recent Strasbourg and domestic authorities suggest an increasingly restrictive approach. An expansive approach The 2015 Chamber decision of the Fourth Section…

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…

Professional Regulation

(1) General Medical Council (2) Professional Standards Authority for Health & Social Care v Asef Zafar [2020] EWHC 846  This article originally appeared in Issue 5 (May 2020). The Divisional Court substituted a sanction of erasure for a 12 month suspension in this appeal by the GMC and PSA arising…

Vicarious Liability – Is It Still ‘On The Move’?

WM Morrison Supermarket plc v Various Claimants [2020] UKSC 12  Barclays Bank plc v Various Claimants [2020] UKSC 13  This article originally appeared in Issue 5 (May 2020). These parallel judgments, handed down on the same day by the Supreme Court, clarify the two stage approach to determining whether an…

Wrongful Birth

Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB)  This article originally appeared in Issue 3 (November 2019). The Claimant succeeded in establishing liability in this unusual wrongful birth claim before Mr Justice Jay.  Background  She alleged that the Defendant’s failure to carry out screening for Down’s syndrome…

Interim Injunctions and Disciplinary Proceedings

Smo v Hywel Dda University Health Board [2019] EWHC 1973 (QB) This article originally appeared in Issue 3 (November 2019). The High Court granted an interim injunction to a consultant colorectal surgeon facing disciplinary proceedings as a result of allegations about his capability and conduct.  Background  Suspended since 2016 pending…

Injunctions, parallel investigations and suspensions of pay

North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387 This article originally appeared in Issue 1 (May 2019). A Consultant Anaesthetist obtained an injunction from the High Court to prevent his employer, an NHS Trust, proceeding with a disciplinary investigation into patient deaths whilst a parallel police…