Issue 2 Archives - The QMLR Archive

Recoverability of ATE Premiums

Suzanne West v Stockport NHS FT and Demouilpied v Stockport NHS FT [2019] EWCA Civ 1220 This article originally appeared in Issue 2 (July 2019). In these conjoined appeals the Court of Appeal (Sir Terence Etherton MR, Irwin and Coulson LJJ) have taken the opportunity to deal with a number…

By July 27, 2019Clinical negligence, Costs, Issue 2ATE insuranceNo Comments

Issue 2 Public

Interpretation of the Abortion Act 1967

R (On the Application of British Pregnancy Advisory Service) v Secretary of State for Health and Social Care [2019] EWHC 1397 (Admin) This article originally appeared in Issue 2 (July 2019). The court considered the meaning of the phrase "the pregnancy has not exceeded its twenty-fourth week" in section 1(1)(a)…

By July 1, 2019Issue 2, Public

Abuse/Child Abuse Issue 2

The Supreme Court Rules on the Liability of Public Authorities

Poole Borough Council v GN (through his litigation friend ‘The Official Solicitor’) and another [2019] UKSC 25 The article originally appeared in Issue 2 (July 2019). In this judgment, handed down by Lord Reed in June 2019, the Supreme Court found that Poole Borough Council did not owe a duty…

By July 1, 2019Abuse/Child Abuse, Issue 2Assumption of responsibility, Duty of care, Public authorities

Issue 2 Personal injury Procedural

Bespoke Life Expectancy Evidence

Dodds v Arif & Anor [2019] EWHC 1512 (QB) This article originally appeared in Issue 2 (July 2019). The court refused a Defendant’s application at a CMC to admit evidence from an expert specifically in the field of life-expectancy statistics and calculations. It provided guidance as the types of cases…

By July 1, 2019Issue 2, Personal injury, ProceduralExperts, Life expectancy

Inquests Issue 2

Medical Inquests and Article 2

R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin) This article originally appeared in Issue 2 (July 2019). The High Court has re-affirmed that, in most cases, inquests involving allegations of medical failings do not engage the State’s positive obligations under Article 2 of the…

By July 1, 2019Inquests, Issue 2Article 2, operational duty

Issue 2 Regulatory

Disciplinary Proceedings and Serious Procedural Irregularities

Beard v General Osteopathic Council [2019] EWHC 1561 (Admin) This article originally appeared in Issue 2 (July 2019). This was an appeal by the registrant osteopath against the GOC’s Professional Conduct Committee (PCC’s) decision to impose conditions on her registration. Her real complaint on appeal was that the hearing of…

By July 1, 2019Issue 2, Regulatoryapparent bias, serious procedural irregularity, unfairness

Clinical negligence Issue 2

Scope of Duty

This article originally appeared in Issue 2 (July 2019). One of the recurring themes in negligence case-law over the past 12 months has been the extent to which some or all aspects of a claimant’s claimed damage should be determined to lie within the scope of a defendant’s duty of…

By July 1, 2019Clinical negligence, Issue 2Duty of care, Scope of duty

Court of Protection Issue 2

Capacity, Residence, Care, Social Media and Sexual Relations

B v A Local Authority [2019] EWCA Civ 913 The article originally appeared in Issue 2 (July 2019). A 31 year old woman with learning difficulties had, through social media, shared intimate images of herself and become involved with a 71 year old convicted sex offender (‘Mr C’), with whom…

By July 1, 2019Court of Protection, Issue 2

Clinical negligence Costs Issue 2 Personal injury Quantum

Fundamental Dishonesty

This article originally appeared in Issue 2 (July 2019). Introduction There are two separate and distinct regimes relating to fundamental dishonesty in litigation which have been available in personal injury claims since 2013. However, in the last year or two, there has been increasing attention focused on the perils and…

By July 1, 2019Clinical negligence, Costs, Issue 2, Personal injury, QuantumFundamental Dishonesty, QOCS

Clinical negligence Issue 2 Quantum

The New Discount Rate and a Proposal for Dual Rates

The article originally appeared in Issue 2 (July 2019). We couldn’t omit from this edition of QMLR the Lord Chancellor’s announcement on 15 July 2019 of a revised discount rate of minus 0.25% to take effect from 5 August 2019. It will cover all personal injury claims, irrespective of the…

By July 1, 2019Clinical negligence, Issue 2, QuantumDiscount rate