Posted inClinical Negligence Issue 16

Provisional damages – failure and success in one case

Provisional damages – failure and success in one case Richard Smith In Lynch v Princess Alexandra Hospital [2026] EWHC 657 (KB) Mrs Justice Ellenbogen provided a very useful distillation of the law relating to claims for provisional damages, as well as an example of the careful application of that law…
Posted inClinical Negligence, Issue 16Tags:
Posted inClinical Negligence Issue 16

The application of Paul – strike out of a secondary victim claim in clinical negligence case

The application of Paul – strike out of a secondary victim claim in clinical negligence case Richard Smith MIM v Sheffield Teaching Hospitals NHS Foundation Trust [2026] EWHC 562 (KB) (17 March 2026) This case appears to be the first reported determination of a claim seeking damages as a Secondary…
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Posted inClinical Negligence Issue 16

Permission granted to withdraw an admission made pre-action and in the defence

Permission granted to withdraw an admission made pre-action and in the defence Richard Smith Ramsdale v Ditta and others [2026] EWHC 544 (KB) In this case the Claimant seeks damages against a number of Defendants alleging failures of diagnosis and management of chronic rhinosinusitis. He saw a number of medical…
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Posted inClinical Negligence Personal injury Quantum

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…
Posted inClinical Negligence, Personal injury, Quantum
Posted inClinical Negligence Issue 16

Part 36 costs consequences and liability-only offers: a key development

Part 36 costs consequences and liability-only offers: a key development Josephine Lunnon Smithstone v Tranmoor Primary School [2026] EWCA Civ 13 In Smithstone, the Court of Appeal addressed a key point of principle and uncertainty concerning cost consequences for liability-only Part 36 offers and marked a significant development for practitioners.…
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Posted inClinical Negligence Issue 16

Three lessons from ex-footballer’s successful clinical negligence claim

Three lessons from ex-footballer’s successful clinical negligence claim Samuel Talalay Ebanks-Blake v Calder [2025] EWHC 3327 (KB) Introduction As temperatures dropped and trees went up in the days before Christmas, judgment was handed down in the case of Ebanks-Blake v Calder. Mrs Justice Lambert’s decision in the Claimant’s favour, circulated…
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Posted inClinical Negligence Issue 16 Regulatory

Regulatory proceedings: reliance on hearsay evidence from deceased complainant

Regulatory proceedings: reliance on hearsay evidence from deceased complainant Leanne Woods Dr Siong Lee v General Medical Council [2025] EWHC 3347 (Admin) The Appellant, Dr Lee, was a GP. The Medical Practitioners Tribunal (‘MPT’) found that he had dishonestly falsified Patient A’s medical records on three separate occasions. As would…
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Posted inClinical Negligence Issue 16

Facing down extortion: NHS trusts and healthcare data

Facing down extortion: NHS trusts and healthcare data Leo Kirby Barts Health NHS Trust v Persons Unknown [2025] EWHC 3230 (KB) This judgment of Cavanagh J, sitting as the interim applications and Out-of-Hours judge on 8 December 2025, illustrates the circumstances where a court will grant a without-notice pre-action application…
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Posted inClinical Negligence Issue 16

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…
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Posted inClinical Negligence Issue 16 Regulatory

National Commission calls for evidence on the regulation of AI in healthcare

National Commission calls for evidence on the regulation of AI in healthcare Robert Kellar KC AI is set to transform and disrupt the way in which healthcare is delivered.  The Government’s 10-year health plan for England commits the NHS to becoming “the most AI-enabled healthcare system in the world”, supported…
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