Posted inData and Information Issue 12

Data Protection

Underwood v Bounty UK Ltd & Hampshire Hospitals NHS Trust [2022] EWHC 888 (QB) Background Ms Underwood awoke on a post-natal ward, after a difficult labour lasting more than 100 hours and ending in an emergency caesarean, to a woman whom she assumed was part of the hospital’s maternity staff…
May 2, 2023Posted inData and Information, Issue 12
Posted inIssue 12 Public

Discharge of Patients into Care Homes and Covid-19

R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to…
May 2, 2023Posted inIssue 12, PublicTags:
Posted inInquests Issue 12

Article 2 Systemic Duty and a teenager under Community Mental Health Services

R (Patton) v HM Assistant Coroner for Carmarthenshire and Pembrokeshire [2022] EWHC 1377 (Admin) Mrs Justice Hill quashed a ruling that the Article 2 general (or systemic) duty had not been potentially engaged by the death of Kianna Patton. The facts Kianna had been found hanging aged 16 at a…
May 2, 2023Posted inInquests, Issue 12Tags:
Posted inClinical negligence Issue 12

Out of Hours Emergency Mental Health Provision and Paper Records

Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) In Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) following her husband’s suicide after a relapse in his psychiatric condition, the Claimant brought proceedings on behalf of her deceased husband’s estate and herself as…
May 2, 2023Posted inClinical negligence, Issue 12
Posted inInquests Issue 12

Article 2 and a Child Under a Care Order

R (Boyce) v HM Senior Coroner for Teeside and Hartlepool [2022] EWHC 107 (Admin) Mrs Justice Belcher upheld the Coroner’s decision that Article 2 was not engaged by the death of a 15 year old girl (Grace Peers) who died while in the care of Middlesborough Borough Council, who had placed…
May 2, 2023Posted inInquests, Issue 12Tags:
Posted inClinical negligence Issue 12

Fundamental Dishonesty

Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 (QB) Mr Cojanu, the Claimant, arrived in prison in need of surgery. His injuries, deep cuts to his fingers, were sustained when he attacked his wife with a knife – the very incident which landed him in prison in the…
May 2, 2023Posted inClinical negligence, Issue 12Tags:
Posted inClinical negligence Issue 12

Cosmetic surgery abroad – whose contract, whose law?

Clarke v Kalecinski [2022] EWHC 488 (QB) Lisa Pal v Dr Luc Damen, Belgo International Research, Applications and Development NV [2022] EWHC 4697 (QB) Two cases (Clarke v Kalecinski & ors [2022] EWHC 488 (QB) and Pal v Damen & ors [2022] EWHC 004697) illustrate some of the difficulties faced by claimants in…
May 2, 2023Posted inClinical negligence, Issue 12Tags:
Posted inClinical negligence Issue 12

Stroke prevention

Watson v Lancashire Teaching Hospitals NHS Foundation Trust [2022] EWHC 148 (QB) Pickering v Cambridge University Hospitals NHS Foundation Trust [2022] EWHC 1171 (QB) Both of these cases were stroke cases involving issues of causation. Both were decided by Mr Justice Andrew Ritchie. General As those with experience of stroke…
May 2, 2023Posted inClinical negligence, Issue 12Tags:
Posted inIssue 12 Personal injury

Tax on an Award of Damages

Manuel Mathieu v Tony Martin Hinds, Aviva Plc [2022] EWHC 924 (QB) Background The Claimant was injured when he was aged 29. At the time of his injury he was  studying for a Masters’ degree in Fine Art at Goldsmiths College, London. He was crossing a road in Lewisham at…
May 2, 2023Posted inIssue 12, Personal injuryTags:
Posted inCosts Issue 12

Variable PPOs and No Award of Costs of a PI Trust for a Claimant with Capacity

Celine Martin (formerly known as Vicky Kathleen Higgins) v Salford Royal NHS Foundation Trust [2022] EWHC 532 This is a clinical negligence case arising out of the treatment of the Claimant at Salford Royal Hospital (known as Hope Hospital) in the summer of 2010. The litigation has resulted in three…
May 2, 2023Posted inCosts, Issue 12Tags: ,