Issue 10 Archives - Page 2 of 2

The Boundaries of Vicarious Liability for Historic Child Abuse Explored Once Again

Blackpool Football Club v DSN [2021] EWCA Civ 1352 The facts The Court of Appeal considered an appeal against a finding that a football club was liable for the sexual abuse inflicted on a 13-year-old youth player in 1987 by a volunteer scout (Mr Roper) during a tour of New…

By January 24, 2022Abuse/Child Abuse, Issue 10vicarious liability

Clinical negligence Issue 10

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case

Hughes v Rattan [2021] EWHC 2032 (QB) In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question: was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS…

By January 24, 2022Clinical negligence, Issue 10non-delegable duty, vicarious liability

Issue 10 Quantum

Quantum: Contrasting Outcomes in Two Fatal Accident Cases

Chouza v Martins and others [2021] EWHC 1669 (QB) Steve Hill Ltd v Witham [2021] EWCA Civ 1312 Although very different cases on the facts, these two recent judgments show the risks involved in litigation. Chouza shows the danger that having heard the evidence, a judge might accept almost the…

By January 19, 2022Issue 10, QuantumFatals

Clinical negligence Issue 10

Determining Causation in a Bacterial Meningitis Case

Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB) This was a claim brought by the widower of a woman who died of bacterial meningitis. She had been admitted to hospital two days earlier with a history of severe headache and middle ear infection. The Defendant admitted that…

By January 19, 2022Clinical negligence, Issue 10Causation

Clinical negligence Issue 10

Cauda Equina Syndrome

Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 In Hewes v West Hertfordshire Acute Hospitals NHS Trust & Ors [2020] EWCA Civ 1523 (see Issue 8), the Court of Appeal considered, for the first time, a case of alleged delay in the treatment of Cauda Equina…

By January 19, 2022Clinical negligence, Issue 10cauda equina, Duty of care

Clinical negligence Issue 10

Limitation

Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 261 (QB). Aderounmu v Colvin [2021 EWHC 2293 (QB) The Facts – Wilkins Deputy High Court Judge Hermer QC determined as a preliminary issue whether the claim against the Defendant Hospital for negligently failing to treat a significant post-knee replacement…

By January 19, 2022Clinical negligence, Issue 10limitation

Clinical negligence Issue 10

Resiling from an Admission in a Pleaded Defence

James Dulson v Svitlana Popovych [2021] EWHC 1515 (QB) This decision of Deputy High Court Judge Lickley QC arose in the context of an application by a Defendant, who was a registered nurse practitioner, to resile from an admission of breach of duty made in a defence. The application was…

By January 19, 2022Clinical negligence, Issue 10Breach of duty

Issue 10 Procedural

Rejection of Expert Evidence

Griffiths v TUI (UK) Ltd [2021] EWCA Civ 1442 Introduction The Court of Appeal has handed down a controversial judgment by majority on the ability of a party to invite the court to reject expert evidence, even when the point in issue has not been put to the expert in…

By January 19, 2022Issue 10, ProceduralExpert evidence, Experts

Clinical negligence Issue 10

Mind the Gap – Secondary Victims Claims Considered by the Court of Appeal

Paul & Ors v Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 For readers hoping that 2022 would bring more clarity on the scope of secondary victim status in clinical negligence claims, the message from the Court of Appeal is… wait a little longer. The Court of Appeal has handed…

By January 19, 2022Clinical negligence, Issue 10secondary victims

Cookie	Duration	Description
__cf_bm	1 hour	This cookie, set by Cloudflare, is used to support Cloudflare Bot Management.
cookielawinfo-checkbox-advertisement	1 year	Set by the GDPR Cookie Consent plugin, this cookie records the user consent for the cookies in the "Advertisement" category.
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional	11 months	The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
CookieLawInfoConsent	1 year	CookieYes sets this cookie to record the default button state of the corresponding category and the status of CCPA. It works only in coordination with the primary cookie.
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
wpEmojiSettingsSupports	session	WordPress sets this cookie when a user interacts with emojis on a WordPress site. It helps determine if the user's browser can display emojis properly.

Cookie	Duration	Description
_ga	1 year 1 month 4 days	Google Analytics sets this cookie to calculate visitor, session and campaign data and track site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors.
_ga_*	1 year 1 month 4 days	Google Analytics sets this cookie to store and count page views.