Posted inClinical Negligence Issue 7

Private International Law and Clinical Negligence (Part 2)

Roberts v Soldiers, Sailors, Airmen and Families Association – Forces Help [2020] EWCA Civ 926 The Court of Appeal has confirmed that the Civil Liability (Contribution) Act 1978 (“the 1978 Act”) has extra-territorial effect and applied its limitation period to a contribution claim brought by the MOD and Soldiers, Sailors,…
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Posted inClinical Negligence Issue 7

Surveillance Evidence and Fundamental Dishonesty

Wilcox v King’s College Hospital NHS Foundation Trust [2020] EWHC 2555 (QB) Garraway v Holland & Barrett Limited [2020] 3 WLUK 582 (accessible on Lawtel and Westlaw only) Two recent decisions consider the use of surveillance evidence in the context of fundamental dishonesty. Wilcox v King’s College Hospital NHS Foundation…
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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…
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Posted inClinical Negligence Issue 7

Informed Consent

Alan McNab and Others v Greater Glasgow Health Board [2020] CSOH 53 Plant v El-Amir [2020] EWHC 2902 (QB) Updated GMC Guidance on Consent, effective from 9 November 2020 On 9th November 2020, new guidance from the GMC came into force with respect to informed consent. This guidance was produced…
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Posted inClinical Negligence Issue 7

Mental Health, Clinical Negligence and the Illegality Defence

Ecila Henderson v Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 In Ecila Henderson v Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence. The Claimant — a…
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Posted inClinical Negligence Issue 6 Procedural

“What’s In a Name?” Revisited

Jones v Ministry of Defence [2020] EWHC 1603 (QB)  This article originally appeared in Issue 6 (September 2020). Those who practise in the field of serious personal injury and clinical negligence will be very familiar with the principles that govern the grant of anonymity orders. The leading authority is JXMX…
Posted inClinical Negligence, Issue 6, ProceduralTags: , ,
Posted inClinical Negligence Issue 6

Bolam, Bolitho, or Both-of-‘Em?

Bradfield-Kay v Cope [2020] EWHC 1351 (QB)  This article originally appeared in Issue 6 (September 2020). This split trial on breach of duty concerned allegations relating to the performance of a total left hip replacement by the Defendant. Of interest is the approach taken by the judge to the distinction…
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