Posted inIssue 11 Public

Court of Appeal Refuses Permission to Judicially Review Infected Blood Compensation Scheme

In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis…
May 24, 2022Posted inIssue 11, PublicTags: ,
Posted inIssue 11 Regulatory

Lessons in dishonesty

GMC v Armstrong [2021] EWHC 1658 (Admin) Bakare v GMC [2021] EWHC 3278 (Admin) The Professional Standards Authority v (1) GDC & (2) Amir [2021] EWHC 3230 (Admin) Are there lessons to be learned from three recent High Court decisions concerning allegations of dishonesty? It is instructive that the cases…
May 24, 2022Posted inIssue 11, RegulatoryTags:
Posted inIssue 11 Regulatory

Dishonesty and Denial – Part 2

Ahmedsowida v General Medical Council [2021] EWHC 3466 Sawati v General Medical Council [2022] EWHC 283 I wrote last year about developments in the guidance given by the High Court in cases of professional regulation on the effect on sanctions of unsuccessful denials of dishonesty (link here). The issue continues…
May 24, 2022Posted inIssue 11, RegulatoryTags:
Posted inInquests Issue 11

Fresh Inquests

Mays v HM Senior Coroner for Kingston Upon Hull & East Riding of Yorkshire [2021] EWHC 3604 (Admin) Earl v HM Senior Coroner for East Sussex [2021] EWHC 3468 (Admin) R (on the application of Ginn) v HM Senior Coroner for Inner London [2022] EWHC 28 (Admin) Three recent applications…
May 24, 2022Posted inInquests, Issue 11Tags: ,
Posted inIssue 11 Personal injury

Jockeys and Negligence

Tylicki v Gibbons [2021] EWHC 3470 (QB) Introduction The Claimant and the Defendant were professional flat-racing jockeys. Tylicki alleged that Gibbons’ negligent riding on the all-weather track at Kempton in October 2016 caused his horse to trip and fall leaving him a T4 AIS complete paraplegic. Following a 5-day hearing…
May 24, 2022Posted inIssue 11, Personal injuryTags:
Posted inCosts Issue 11

Liability Determination Does Not Automatically Lead to Entitlement to Detailed Assessment

ABA v University Hospitals Coventry and Warwickshire NHS Trust [2022] EWHC B4 This case confirms a point of some significance for Claimant lawyers which must be borne in mind when liability issues are resolved either by judgment or settlement, leaving the quantum of damages to be assessed. The short point…
May 24, 2022Posted inCosts, Issue 11Tags:
Posted inIssue 11 Quantum

Damages: Adequacy of State-Funded Package of Care

Martin v Salford Royal NHS Foundation Trust [2021] EWHC 3058 (QB) Introduction The Claimant in Martin suffered a sub-trochanteric stress fracture to the right proximal femur in the shower whilst undergoing inpatient mental health treatment at Prestwich Hospital. The fracture is of a kind which is spontaneous, rather than arising…
May 24, 2022Posted inIssue 11, Quantum
Posted inClinical negligence Issue 11

Fournier’s Gangrene and Material Contribution

Dalchow v St George's University NHS Foundation Trust [2022] EWHC 100 (QB) The Claimant brought proceedings alleging a delay in the diagnosis and treatment of Fournier’s Gangrene. The condition is one in which there is necrotising fasciitis of the perineum and scrotum. The Claimant had undergone a day case elective…
May 24, 2022Posted inClinical negligence, Issue 11Tags:
Posted inClinical negligence Issue 11

Psychosis, Operational Duty and Illegality

Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB) In Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB) the High Court considered the liability of an NHS Trust when a patient stabbed his daughter during a psychotic episode allegedly…
May 24, 2022Posted inClinical negligence, Issue 11Tags: , ,
Posted inClinical negligence Issue 11

Breach Found in Pre-Conception Claim

Toombes v Mitchell [2021] EWHC 3234 (QB) The Claimant suffered from a congenital defect, as a result of her mother not having taken folic acid before her conception. Her claim alleged that, at a pre-conception consultation on 27 February 2001, Dr Mitchell, the Defendant, negligently failed to advise her mother,…
May 24, 2022Posted inClinical negligence, Issue 11Tags: