Posted inClinical Negligence Issue 16

Secondary victims: once again the Court declines to distinguish Paul

Secondary victims: once again the Court declines to distinguish Paul Judith Rogerson (1) BJS (By His Mother & Litigation Friend SXS) (2) SXS v (1) Cumbria, Northumberland, Tyne & Wear NHS Foundation Trust (2) North Cumbria Integrated Care NHS Foundation Trust (unreported) In BJS, a claim where a mother (the…
Posted inClinical Negligence, Issue 16Tags: , ,
Posted inClinical Negligence Issue 16

Late amendment refused in clinical negligence cauda equina claim

Late amendment refused in clinical negligence cauda equina claim Robert Mills Williams v Wilkinson [2026] EWHC 1088 (KB) On 8 May 2026, Mr Justice Cotter refused the Claimant's application to amend her Particulars of Claim, to rely on further witness and expert evidence, and to vacate the imminent trial in…
Posted inClinical Negligence, Issue 16Tags: , , ,
Posted inClinical Negligence Issue 16

Risk assessment, the HTT and bed availability: causation in a tragic mental-health claim

Risk assessment, the HTT and bed availability: causation in a tragic mental-health claim Robert Mills Ridge v Dorset Healthcare University NHS Foundation Trust [2026] EWHC 898 (KB) In a judgment handed down on 17 April 2026, Edmund Burge KC (sitting as a Deputy Judge of the High Court) dismissed a…
Posted inClinical Negligence, Issue 16Tags: , ,
Posted inClinical Negligence Issue 16

LXLP: The role of clinical guidance and whether ‘risk reduction’ is sufficient to prove causation

LXLP: The role of clinical guidance and whether ‘risk reduction’ is sufficient to prove causation Marcus Coates-Walker LXLP v St George’s University Hospitals NHS Foundation Trust [2026] EWHC 560 (KB)  Summary In what context should breach of duty be assessed where national medical guidance is inconsistent with the Defendant’s local hospital…
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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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