Practice Direction Updates: New Rules for Witness Statements and Statements of Truth

This article originally appeared in Issue 4 (March 2020). Amendments to the Practice Directions coming into force on 6 April 2020 will introduce some important changes to witness statements and statements of truth that readers should be aware of in advance. The updates can be found in full on the…

Eligibility of Non-UK Residents for NHS Care

R (Johnson) v Royal Free London NHS Foundation Trust [2019] EWHC 1143 (Admin)  This article originally appeared in Issue 4 (March 2020). Background  The Claimant was seriously ill with cancer, for which she was receiving medical treatment, most recently a cycle of palliative chemotherapy infusions. The “overseas visitors team” at…

QOCS and Mixed Claims

Brown v Commissioner of Police for the Metropolis [2019] EWCA 1724  This article originally appeared in Issue 4 (March 2020). The Court of Appeal has clarified that if proceedings involve a claim for damages for personal injury together with a non-personal injury claim, the costs protection under the qualified one-way…

Legitimate Expectations of an Ombudsman’s Inquiry

R (Morris) v Parliamentary and Health Service Ombudsman [2019] EWHC 1603 (Admin)  This article originally appeared in Issue 4 (March 2020). The Claimant unsuccessfully sought to judicially review the Ombudsman’s report responding to her complaint against a hospital Trust for misplacing records relating to the death of her daughter in…

In Brief – March 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 4, March 2020. Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1 – Privy Council decision considering whether…

Judicial Review and Reconfiguration

R (Nettleship) v (1) NHS South Tyneside Clinical Commissioning Group (2) NHS Sunderland Clinical Commissioning Group [2020] EWCA Civ 46  This article originally appeared in Issue 4 (March 2020). This was a judicial review of a hospital reconfiguration decision following a consultation by the Clinical Commissioning Group (“CCG”). The appellant…